What is the true rule on detention based on a mere hunch?

California, United States of America


The following excerpt is from People v. Superior Court, 20 Cal.App.3d 1085, 98 Cal.Rptr. 161 (Cal. App. 1971):

We think the true rule is stated elsewhere in Irwin where the court says (at p. 427, 82 Cal.Rptr. at p. 486, 462 P.2d at p. 14): '(A) detention based on 'mere hunch' is unlawful * * *, even though the officer may have acted in good faith * * *. 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.' (See also People v. Henze, 253 Cal.App.2d 986, 988, 61 Cal.Rptr. 545.)

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