What is the test for determining whether a stop by the police is justified as an investigative stop?

California, United States of America


The following excerpt is from People v. Aleqabi, H043981 (Cal. App. 2017):

underlying justification." (Ibid.) "[A] police stop exceeding the time needed to handle the matter for which the stop was made violates the Constitution's shield against unreasonable seizures." (Rodriguez v. United States (2015) ___ U.S. ___, ___ [135 S.Ct. 1609, 1612] (Rodriguez).)

"In assessing whether a detention is too long in duration to be justified as an investigative stop, we consider . . . whether the police diligently pursued a means of investigation that was likely to confirm or dispel their suspicions quickly, during which time it was necessary to detain the defendant. [Citations.] A court making this assessment should take care to consider whether the police are acting in a swiftly developing situation, and in such cases the court should not indulge in unrealistic second-guessing. [Citation.] A creative judge engaged in post hoc evaluation of police conduct can almost always imagine some alternative means by which the objectives of the police might have been accomplished. But '[t]he fact that the protection of the public might, in the abstract, have been accomplished by "less intrusive" means does not, itself, render the search unreasonable.' [Citations.] The question is not simply whether some other alternative was available, but whether the police acted unreasonably in failing to recognize or to pursue it." (United States v. Sharpe (1985) 470 U.S. 675, 686-687 (Sharpe).)

Other Questions


In what circumstances will a minor who was stopped by police at a bus stop in the middle of the night be able to escape from the police? (California, United States of America)
Does section 669 of the California Criminal Code apply to determine whether a determinate or determinate sentence should run concurrently with an indeterminate sentence? (California, United States of America)
What is the test for determining whether a search warrant has to be issued to search a vehicle that has been stopped and searched by police? (California, United States of America)
Is an individual who has been stopped by police in the middle of the street in what circumstances is the individual entitled to continue to walk the public streets "only at the whim of any police officer who happens to stop that individual"? (California, United States of America)
Does a jury have to determine whether a police investigation that resulted in no report was "adequate"? (California, United States of America)
In what circumstances will a minor who was stopped and searched by police at a bus stop in the middle of the night be able to escape from the police? (California, United States of America)
What is the test for a police officer to justify an investigative stop or detention? (California, United States of America)
What is the test for determining whether a search warrant can be used to determine whether or not a search and seizure of a suspect was unlawful? (California, United States of America)
What is the test for whether a police officer is justified in believing that an individual he is investigating at close range is armed? (California, United States of America)
What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.