What is the test for a traffic stop under the Fourth Amendment?

California, United States of America


The following excerpt is from People v. Hall, C077037 (Cal. App. 2016):

"[A]n officer may stop and detain a motorist on reasonable suspicion that the driver has violated the law. [Citations.] The guiding principle in determining the propriety of an investigatory detention is 'the reasonableness in all the circumstances of the particular governmental invasion of a citizen's personal security.' [Citations.] In making our determination, we examine 'the totality of the circumstances' in each case. [Citations.]" (People v. Wells (2006) 38 Cal.4th 1078, 1082-1083.) An ordinary traffic stop is treated as a detention and is reasonable under the Fourth Amendment "only if the facts and circumstances known to the officer support at least a reasonable suspicion that the driver has violated the Vehicle Code or some other law. [Citations.]" (People v. Miranda (1993) 17 Cal.App.4th 917, 926.)

In Navarette v. California (2014) ___ U.S. ___, ___ [188 L.Ed.2d 680, 687] (Navarette), there was an anonymous 911 tip that a driver of a specific pickup truck with a specific license plate number had run the anonymous caller off the highway at a specific location. Police responded within 18 minutes of the anonymous tip, spotted the truck near the location described by the caller, and followed the truck for about five minutes before pulling it over. (Id. at p. ___ [188 L.Ed.2d at p. 685].) The responding

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