What is the standard of review for the purpose of determining whether a detention was constitutionally reasonable?

California, United States of America


The following excerpt is from People v. Holguin, 213 Cal.App.3d 1308, 262 Cal.Rptr. 331 (Cal. App. 1989):

The governing standard of review is two-fold: The trial court's factual findings relating to the challenged detention, whether express or implied, must be upheld if they are supported by substantial evidence. However, the appellate court exercises its independent judgment to determine whether the detention was constitutionally reasonable as measured by the facts found by the trial court. (People v. Loewen (1983) 35 Cal.3d 117, 123, 196 Cal.Rptr. 846, 672 P.2d 436.)

A detention is constitutionally reasonable if the circumstances known or apparent to the detaining officer include " 'specific and articulable facts causing him to suspect that (1) some activity relating to crime has taken place or is occurring or about to occur, and (2) the person he intends to stop or detain is involved in that activity. Not only must he subjectively entertain such a suspicion, but it must be objectively reasonable for him to do so: the facts must be such as would cause any reasonable police officer in a like position, drawing when appropriate on his training and experience [citation], to suspect the same criminal activity and same involvement by the person in question.' " (People v. Aldridge (1984) 35 Cal.3d 473, 478, 198 Cal.Rptr. 538, 674 P.2d 240.)

Other Questions


In reviewing a denial of a motion to suppress, what is the test for determining whether a search or detention was constitutionally reasonable? (California, United States of America)
What is the standard standard of review in determining whether an arsonist's intent to set fire to a structure or property is sufficient to constitute an arson? (California, United States of America)
What is the standard for determining whether a reasonable trier of fact could have found the essential elements of a crime beyond a reasonable doubt? (California, United States of America)
What is the standard of review in the federal and state courts for determining whether a federal error was harmless beyond a reasonable doubt? (California, United States of America)
What is the standard for determining whether a reasonable trier of fact could have found a defendant guilty beyond a reasonable doubt? (California, United States of America)
What is the "reasonable person" standard in determining whether a person is a reasonable person? (California, United States of America)
What is the standard of review applied by the Court of Appeal in determining whether a statute is constitutional or interpreted as a question of law? (California, United States of America)
What is the test for determining whether a defendant can reasonably have reasonably anticipated the events leading up to the action? (California, United States of America)
What is the standard of review used to determine whether jury instructions state the law? (California, United States of America)
What is the standard of review applied by the Court of Appeal in determining whether to instruct a jury? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.