Citations
- 85 Cal. App. 3d 1020
Full opinion text
Opinion
ELKINGTON, J.
The single issue of this mandate proceeding instituted by the People is whether a police officer unlawfully detained Reginald Roy Backey, the real party in interest, prior to development of probable cause for his arrest on a charge of burglaiy. A magistrate had found no unlawful detention, and held Backey to answer for trial in the superior court. Disagreeing, the superior court ordered suppressed the burglary’s fruits found in Backey’s possession.
The controlling authority of our inquiry follows.
People v. Gale, 9 Cal.3d 788, 797-798 [108 Cal.Rptr. 852, 511 P.2d 1204]. “ ‘While a detention of a citizen by a police officer based on a “mere hunch” is unlawful, if there is a rational suspicion that some activity out of the ordinary is taking place, and some suggestion that the activity is related to crime, a detention is permissible.’ ”
People v. Flores, 12 Cal.3d 85, 91 [115 Cal.Rptr. 225, 524 P.2d 353], “Where there is a rational belief of criminal activity with which the suspect is connected, a detention for reasonable investigative procedures infringes no constitutional restraint.”
People v. Harris, 15 Cal.3d 384, 388-389 [124 Cal.Rptr. 536, 540 P.2d 632] (cert. den., 425 U.S. 934 [48 L.Ed.2d 175, 96 S.Ct. 1664]). “ ‘[A] police officer may stop and question persons on public streets . . . when the circumstances indicate to a reasonable man in a like position that such a course of action is called for in the proper discharge of the officer’s duties. . . . The good faith suspicion which warrants an officer’s detention of a person for investigative reasons is necessarily of a lesser standard than that required to effect an arrest. . . . Where there is a rational belief of criminal activity with which the suspect is connected, a detention for reasonable investigative procedures infringes no constitutional restraint.’ ”
In re Tony C., 21 Cal.3d 888, 892-899 [148 Cal.Rptr. 366, 582 P.2d 957], There the high court considered the competing public interests of the problem before us: (1) “the right of every person to enjoy the use of public streets, buildings, parks, and other conveniences without unwarranted interference or harassment by agents of the law” (p. 893); and (2) the public expectation that “‘in the proper discharge of the