Multiple police officers contacting persons on the street, with a police vehicle’s emergency lights
Robert Phillips
Robert Phillips
  • Ref # CAC00024
  • March 22, 2021

Multiple police officers contacting persons on the street, with a police vehicle’s emergency lights

CASE LAW
  • Consensual Encounters vs. Detentions
  • A Show of Authority as a Detention
  • Citizen Information and Reasonable Suspicion
RULES

The use of a patrol vehicle’s emergency lights and four officers surrounding a suspect’s vehicle constitutes a detention which, if not supported by at least a reasonable suspicion, is illegal.  Information from a private citizen, as reported to the police, that persons are engaged in “shady activity,” without further explanation, is insufficient to constitute the reasonable suspicion necessary to justify a detention.

FACTS

On March 13th, 2019, at around 6:00 p.m. four San Diego patrol officers were handling an unspecified issue in the Encanto neighborhood of southeast San Diego when they were approached by a woman who drove up in her car and stopped to talk to them.  She told one of the officers (as recorded [without audio] on the officer’s body worn camera in a short 40 second ....

Court Case Name
In re Edgerrin J. (Nov. 20, 2020) 57 Cal.App.5th 752
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