Search and Seizure: Difference between revisions
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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.) | 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)) | |||
==Officer Safety== | ==Officer Safety== | ||
Latest revision as of 14:36, 16 February 2024
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))
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.)