What is the test for determining whether the detention of defendant was unlawful?
California, United States of America
The following excerpt is from People v. Brown, 213 Cal.App.3d 187, 261 Cal.Rptr. 612 (Cal. App. 1989):
The People contend the detention of defendant was lawful. The trial court made no determinations of credibility and there were no evidentiary conflicts to be resolved by the trial court. Therefore we measure the undisputed facts against the constitutional standard of reasonableness, using our independent judgment. (People v. Leyba (1981) 29 Cal.3d 591, 597, 174 Cal.Rptr. 867, 629 P.2d 961.)
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