Search and Seizure: Difference between revisions
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Fact analysis vs consensual encounter. (''People v. Paul'' (Feb. 14, 2022, B320488)) | Fact analysis vs consensual encounter. (''People v. Paul'' (Feb. 14, 2022, B320488)) | ||
Penal Code 833.5: | |||
(a) In addition to any other detention permitted by law, if a peace officer has reasonable cause to believe that a person has a firearm or other deadly weapon with him or her in violation of any provision of law relating to firearms or deadly weapons the peace officer may detain that person to determine whether a crime relating to firearms or deadly weapons has been committed. | |||
For purposes of this section, “reasonable cause to detain” requires that the circumstances known or apparent to the officer must include specific and articulable facts causing him or her to suspect that some offense relating to firearms or deadly weapons has taken place or is occurring or is about to occur and that the person he or she intends to detain is involved in that offense. The circumstances must be such as would cause any reasonable peace officer in like position, drawing when appropriate on his or her training and experience, to suspect the same offense and the same involvement by the person in question. | |||
==Officer Safety== | ==Officer Safety== | ||
Latest revision as of 00:45, 17 February 2025
A custodial arrest for a fine-only offense does not violate the Fourth Amendment. (People v. McKay (2002) 27 Cal.4th 601, 606.)
Violation of state statutes for arrest does not violate the Fourth Amendment. (People v. McKay (2002) 27 Cal.4th 601, 606.)
Detention
A detention may occur for a future crime that is about to occur. (People v. Ellis (1993) 14 Cal.App.4th 1198; People v. Aldridge (1984) 35 Cal.3d 473, 478.)
Fact analysis vs consensual encounter. (People v. Paul (Feb. 14, 2022, B320488))
Penal Code 833.5:
(a) In addition to any other detention permitted by law, if a peace officer has reasonable cause to believe that a person has a firearm or other deadly weapon with him or her in violation of any provision of law relating to firearms or deadly weapons the peace officer may detain that person to determine whether a crime relating to firearms or deadly weapons has been committed. For purposes of this section, “reasonable cause to detain” requires that the circumstances known or apparent to the officer must include specific and articulable facts causing him or her to suspect that some offense relating to firearms or deadly weapons has taken place or is occurring or is about to occur and that the person he or she intends to detain is involved in that offense. The circumstances must be such as would cause any reasonable peace officer in like position, drawing when appropriate on his or her training and experience, to suspect the same offense and the same involvement by the person in question.
Officer Safety
Pennslyvania v. Mimms 434 US 106
Wilson 519 US 408
Detention facilities
A visitor to a detention facility consents to a lesser expectation of privacy. (People v. Boutler (2011) 199 Cal.App.4th 761, 769-772.)
Ruse
People v. Colt (2004) 118 Cal.App.4th 1404