What is the test for a search warrant issued by the California Superior Court of Justice for a stop and seizure of a car in the middle of the night, and what is the effect of this search and seizure?

California, United States of America


The following excerpt is from People v. T.T. (In re T.T.), B269130 (Cal. App. 2016):

A divided appellate panel concluded the stop violated the Fourth Amendment. (People v. Hester, supra, 119 Cal.App.4th at pp. 391-392.) The majority reasoned that the facts were insufficient to support an inference that the cars were actually travelling together, that all persons in the cars were East Side Crips members, or that all East Side Crips gang members knew about the shooting. (Id. at pp. 388-389.) There were no specific and articulable facts providing an objective basis for the conclusion the detainees might be involved in some criminal activity; instead the officers acted on "a hunch and intuition." (Id. at pp. 390, 391.) "Reducing this stop to its essence, [the officers] acted because a passenger in the vehicle was a member of the East Side Crips. Mere membership in a criminal street gang, without additional facts supporting an inference of criminal activity, does not permit a detention." (Id. at p. 392.)

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