What is the test for detention of a person under suspicion of committing a crime?

California, United States of America

The following excerpt is from Barber v. Superior Court, 106 Cal.Rptr. 304, 30 Cal.App.3d 326 (Cal. App. 1973):

"There must be a 'rational' suspicion by the peace officer that some activity out of the ordinary is or has taken place . . . some indication to connect the person under suspicion with the unusual activity . . . (and) some suggestion that the activity is related to crime.' (Citation.) Where the events are as consistent with innocent activity as with criminal activity, a detention based on those events is unlawful.' (Irwin v. Superior Court, 1 Cal.3d 423, 427, 82 Cal.Rptr. 484, 486, 462 P.2d 12, 14.)

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What is the test for detention of a person under suspicion of committing a crime?

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