What is a reasonable suspicion justifying a detention?

California, United States of America


The following excerpt is from People v. Flores, 251 Cal.Rptr.3d 236, 38 Cal.App.5th 617 (Cal. App. 2019):

Thus, a reasonable suspicion justifying a detention is "simply ... a particularized and objective basis for suspecting the person stopped of criminal activity." ( Ornelas v. United States (1996) 517 U.S. 690, 696, 116 S.Ct. 1657, 134 L.Ed.2d 911.) So long as the facts known

[251 Cal.Rptr.3d 244]

to the officer reasonably cause him or her to suspect the person he or she intends to detain might be or has been involved in criminal activity, the detention is lawful. ( United States v. Place (1983) 462 U.S. 696, 702, 103 S.Ct. 2637, 77 L.Ed.2d 110 ; see United States v. Hensley (1985) 469 U.S. 221, 227-228, 105 S.Ct. 675, 83 L.Ed.2d 604 [analysis same if suspicion involves past, as opposed to present or future, criminal activity].)

"To legally detain an individual because of suspicious circumstances, the prosecution must establish on the record that at the moment of the detention, there were specific and articulable facts, which reasonably caused officers to believe that (1) some activity out of the ordinary had taken place or was occurring or about to occur; (2) the activity was related to crime; and (3) the individual under suspicion was connected to the activity. [Citation.]" ( People v. Bower (1979) 24 Cal.3d 638, 644, 156 Cal.Rptr. 856, 597 P.2d 115, superseded by statute on other grounds as stated in People v. Lloyd (1992) 4 Cal.App.4th 724, 733, 6 Cal.Rptr.2d 105.) Here, the prosecution failed to meet its burden.

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