Saturday, January 19, 2008
Shining a Spotlight on Someone = Detention!
SHINING A SPOTLIGHT, PLUS A BIT MORE, IS ENOUGH TO QUALIFY AS A DETENTION
The officer in this case saw the defendant standing next to a parked car in a high crime area. The officer observed the defendant for 5 to 8 seconds. The officer turned his spotlight on the defendant, illuminating him.
The officer exited his police car, in full uniform, and briskly walked 35 feet directly to the defendant. While he was approaching the defendant the officer asked the defendant if he was on parole, and the defendant said he was.
Do you think that the Court of Appeal found that this was a consensual encounter?
No. The Court of Appeal says that the officer's conduct constituted a show of authority so intimidating as to communicate to any reasonable person that he was not free to decline the officer's requests or otherwise terminate the encounter.
The defendant's admission that he was on parole led to a search; that search was illegal!
People v. Garry; 2007 DJ DAR 16863; DJ, 11/14/07; C/A 1st
The officer in this case saw the defendant standing next to a parked car in a high crime area. The officer observed the defendant for 5 to 8 seconds. The officer turned his spotlight on the defendant, illuminating him.
The officer exited his police car, in full uniform, and briskly walked 35 feet directly to the defendant. While he was approaching the defendant the officer asked the defendant if he was on parole, and the defendant said he was.
Do you think that the Court of Appeal found that this was a consensual encounter?
No. The Court of Appeal says that the officer's conduct constituted a show of authority so intimidating as to communicate to any reasonable person that he was not free to decline the officer's requests or otherwise terminate the encounter.
The defendant's admission that he was on parole led to a search; that search was illegal!
People v. Garry; 2007 DJ DAR 16863; DJ, 11/14/07; C/A 1st
# posted by SanDiegoDUI @ 9:57 PM 
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