California, United States of America
The following excerpt is from People v. Gibson, 220 Cal.App.2d 15, 33 Cal.Rptr. 775 (Cal. App. 1963):
In the recent case of People v. Mickelson, supra, 59 A.C. 465, 30 Cal.Rptr. 18, 380 P.2d 658, the circumstances were surprisingly similar and it was held that the facts known to the officers were not sufficient basis for probable cause. There police officers received a report of a robbery, describing the robber as a 'fairly tall white man of large build with dark hair who was wearing a red sweater * * *.' (59 A.C. p. 469, 30 Cal.Rptr. page 21, 380 P.2d page 661.) While driving in the area of the robbery some 20 minutes later the officers saw a car whose driver seemed to match the description. The car was being driven in an erratic manner, going into and out of side streets and back to the main street toward the store which was robbed. The officers followed the car and observed defendant, the passenger, "bend forward in the seat, forward and down and raise back up." (59 A.C. p. 470, 30 Cal.Rptr. page 21, 380 P.2d page 661.) The officers caused the driver (Zauzig) to pull over. Defendant and the driver both got out of the car on request. The driver showed his license and told the officers he was lost and trying to find the freeway, thus his erratic driving. Nothing the driver said indicated that he had perpetrated a robbery; the officers were satisfied. But they searched the car, finding incriminating evidence.
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