Detentions for Investigation

• Detentions for Investigation
• Contacts in High Crime Areas
• Furtive Acts and Their Value in Showing a Reasonable Suspicion

A person may be lawfully detained if, in view of all the circumstances, a reasonable person would have believed that he or she was not free to leave.  One’s furtive act of an apparent attempt to hide from approaching police officers, at least in a high crime area, may be sufficient to justify a lawful detention.

Officers Michael Marino and Daniel Guy were patrolling in a “high crime area” at about 10:00 p.m. in a marked patrol car.  They drove into a cul-de-sac which was known as a “gang haunt” and a “narcotics hangout,” and where fresh graffiti was a daily occurrence.  Officer Guy had in fact made a drug-related arrest at that location the night before.  As the officers entered the cul-de-sac, they observed defendant Marlon Flores standing in the street next to a car at the end of the street.  Defendant looked in the officers’ direction and immediately walked around to the opposite rear side of the car and crouched down out of sight.  In the sequence of events (as recorded by Officer Guy’s body camera and as described in his later testimony), Officer Guy approached defendant with his flashlight directed at him. Defendant was shown by the body camera as he crouched down behind the car.  The camera then showed that defendant looked up about four seconds later in Officer Guy’s direction, and then crouched down again with his back to the officer.  Defendant later claimed to be tying one of his shoes at this time.  As Officer Guy approached defendant while shinning his flashlight at him, defendant was twice told to stand up. Both commands were ignored as defendant continued to “toy” with his right ....