Spotlighting Suspect Vehicles

• Spotlighting a Vehicle
• Totality of the Circumstances; Consensual Encounters vs. Detentions
• A “Show of Authority” and Detentions

The police illuminating the inside of a vehicle with a spotlight does not constitute a detention absent other circumstances that would cause a reasonable person to believe he was not free to leave.  Whether or not a police officer illuminating a vehicle’s interior with his or her spotlight constitutes a “show of authority” sufficient to cause a detention of the vehicle’s occupants requires a consideration of the totality of the surrounding circumstances.

At around 8:45 p.m. on a March evening (relevant only to the fact that it was dark out), San Joaquin County Sheriff’s Deputy Joel Grubb, in uniform, was patrolling a Stockton residential neighborhood in a marked patrol car with his headlights’ high beams on for “extra visibility.” The area was known for narcotics sales and weapons possession.  Deputy Grubb drove past a BMW legally parked in front of a residence close to a streetlight.  Although the car’s engine and headlights were off, smoke visibly emanated from the “slightly cracked” windows.  As he passed the BMW, Deputy Grubb made eye contact with the three occupants; two of whom were wearing hooded sweatshirts and comfortably reclining in the front seats. The third occupant was in the rear seat. Making a U-turn, Deputy Grubb pulled up to and parked within 15 to 20 feet behind the car without blocking it in.  The deputy turned his spotlight on, shinning it into the rear window of the BMW.  He did not use either his overhead emergency lights nor his siren. After taking about 15 to 20 seconds to inform dispatch of his location, Deputy Grubb got out of his patrol car and walked up to the BMW at a normal pace. As he did so, a woman—the backseat passenger—“jumped out” of the BMW, closing the door behind her. ....