What is the test for a stop and seizure of a vehicle by a police officer responding to a report of a burglary?

California, United States of America


The following excerpt is from People v. Metzgar, C077075 (Cal. App. 2015):

This court's ruling in People v. Conway (1994) 25 Cal.App.4th 385 is instructive here. In Conway, a caller reported a burglary in progress and an officer on duty nearby was dispatched to the location. (Id. at pp. 387-388.) While en route, the officer stopped a vehicle with two males in it. (Id. at p. 388.) "The stop occurred less than two minutes from the time [the officer] had received the burglary dispatch. The dispatch had not mentioned a car and had not given any description of the suspects. All [the officer] knew was that two suspects had been seen in a garage. He pulled over [the] defendant's vehicle because it was the only car on the street and was leaving the immediate area of a reported burglary." (Ibid.) This court concluded that "[u]nder the circumstances, it was objectively reasonable for the officer to suspect the car's occupants were involved in the burglary" because "the information [the officer] received about criminal activity was very current . . . [and the] car [was] leaving the area of the reported burglary. The time was 3 a.m., and the officer saw no one else in the area." (Id. at p. 390.)

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