What is the test for a police officer to approach a person in the street without probable cause for arrest?

California, United States of America


The following excerpt is from People v. Hunter, G039866 (Cal. App. 2/17/2009), G039866 (Cal. App. 2009):

The nature and extent of the governmental interests involved must be considered. (Terry v. Ohio, supra, 392 U.S. at p. 22.) "One general interest is of course that of effective crime prevention and detection; it is this interest which underlies the recognition that a police officer may in appropriate circumstances and in an appropriate manner approach a person for purposes of investigating possibly criminal behavior even though there is no probable cause to make an arrest." (Ibid.)

Other Questions


What are the consequences of a "doorway arrest" where police without an arrest warrant enter a person's home and arrest the person who opens the door? (California, United States of America)
Can an officer make a warrantless arrest when the officer has probable cause to believe the person to be arrested has committed a public offense? (California, United States of America)
Is a probation condition requiring appellant to submit his person and property to search and seizure at any time of the day or night, by any peace officer or other peace officer, with or without a warrant, probable cause or reasonable suspicion? (California, United States of America)
Is a police officer required to inform a person to be arrested of the cause of their arrest? (California, United States of America)
What is the difference between probable cause to arrest for carrying drugs and probable cause for arrest? (California, United States of America)
In what circumstances would the defense in a civil case have to call at least two police officers, the officer who was involved in a chase and the officer involved in the chase, and the person who was arrested for shots being fired from his car? (California, United States of America)
When a police officer stops and questions a suspect where there is less than probable cause to arrest the suspect, can the officer issue a Miranda warning? (California, United States of America)
In what circumstances will a police officer who receives a radio call to search for a suspect vehicle have to specify his probable cause to the arresting officer? (California, United States of America)
What is the test for prosecution proof that the police officer who furnished the information justifying the arrest had probable cause to believe the arrest was justified? (California, United States of America)
If renaming a police officer in the name of a police community support officer is a good cause for concern, and if so, what effect will the name have on the police community? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.