When a police officer asks a minor to sit on the curb, without more than one step, does this constitute a detention?

California, United States of America


The following excerpt is from People v. Phipps, E065254 (Cal. App. 2019):

on the curb, without more, does not generally constitute a detention," it held the circumstances demonstrated the officer's request was not one the minor was free to refuse because the officer proceeded to ask the minor accusatory questions, and several other officers arrived and displayed their weapons. (Id. at p. 412.) In People v. Walker (2012) 210 Cal.App.4th 1372, the court held an officer's question about the defendant's train fare (which the defendant ignored) was merely a ruse, and the defendant was detained because the officer proceeded to ask accusatory questions and other officers were present. (Id. at pp. 1388-1384.) And in People v. Rodriguez (1993) 21 Cal.App.4th 232, two police officers conducted a "'gang sweep'" to obtain the identities and information about gang members. (Id. at pp. 236-238.) The uniformed officers walked up to the defendant and four other persons. The people were socializing in front of an apartment complex known to be a gang hangout. As they approached, one of the officers said, "'stay there,'" and both officers "patted the youths down and ordered them to sit on the curb and the sidewalk." (Id. at pp. 237-238.) The court concluded the encounter was not consensual because "[n]o reasonable person under these circumstances would believe he was free to leave." (Id. at p. 238.)

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