Citizen Report of “Shady Behavior” Not Enough to Justify Detention
Bell’s Compendium
By James Bell
January 18, 2021
Defendant and co-defendant, Jamar D., appealed the denial of their motion to suppress. The Court of Appeal, per Dato, J., reverses and remands.
Facts:
After receiving a citizen’s tip that Black males in a Mercedes were “acting shady,” four San Diego Police Department (SDPD) officers drove to the scene in two marked vehicles, activating emergency lights in one. Parking behind the Mercedes, the officers positioned themselves beside each of its four doors and asked the three teenagers inside for their names and identification. A records check later indicated that the driver was on probation subject to a Fourth Amendment waiver. The officers searched the vehicle and recovered a loaded firearm and sneakers linking the minors to a recent robbery.
Issues:
Was this a consensual encounter or a detention?
If it was a detention, was it justified?
If it was not justified, were there “other facts” that could make it so?
The Court held that this encounter was a detention: