What is the current state of the law on "random stops" in public places?

California, United States of America


The following excerpt is from People v. Lara, E058858 (Cal. App. 2014):

public places and putting questions to them if they are willing to listen. . . . Even when law enforcement officers have no basis for suspecting a particular individual, they may pose questions, ask for identification, and request consent to search . . . provided they do not induce cooperation by coercive means. . . . If a reasonable person would feel free to terminate the encounter, then he or she has not been seized." (United States v. Drayton (2002) 536 U.S. 194, 200-201.) "The Fourth Amendment permits police officers to approach [individuals] at random to ask questions and to request their consent to searches, provided a reasonable person would understand that he or she is free to refuse. . . ." (Id. at p. 197.)

"'[A]n officer may, consistent with the Fourth Amendment, conduct a brief, investigatory stop when the officer has a reasonable, articulable suspicion that criminal activity is afoot. [Citation.] While "reasonable suspicion" is a less demanding standard than probable cause and requires a showing considerably less than preponderance of the evidence, the Fourth Amendment requires at least a minimal level of objective justification for making the stop. [Citation.] The officer must be able to articulate more than an "inchoate and unparticularized suspicion or 'hunch'" of criminal activity. [Citation.] [] . . . [.]' . . . In making such a stop, police may conduct 'a protective patdown search for weapons.' [Citation.]" (People v. Huggins (2006) 38 Cal.4th 175, 241-242.)

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