California, United States of America
The following excerpt is from People v. Sanders, A144585 (Cal. App. 2016):
Penal Code section 1538.5 states that a defendant may move to suppress evidence on the ground that "[t]he search and seizure without a warrant was unreasonable." (Pen. Code, 1538.5, subd. (a)(1)(A).) An officer may detain an individual, temporarily, if there is reasonable suspicion to suspect that the person detained may be involved in criminal activity. (People v. Bennett (1998) 17 Cal.4th 373, 386-387.)
" ' "[A] detention is reasonable under the Fourth Amendment when the detaining officer can point to specific articulable facts, that, considered in light of the totality of the circumstances, provide some objective manifestation that the person detained may be involved in criminal activity." ' " (People v. Suff (2014) 58 Cal.4th 1013, 1053-1054.) Reasonable suspicion cannot be supported based on a mere hunch or feeling that something does not look right; instead, it must be supported by articulable facts that
Page 6
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.