Category: detention

Can Police Follow a Suspect for No Reason?

Yes, police can follow a suspect for a reasonable period of time even if they have no reason to believe the suspect committed a crime.

Police do not need reasonable suspicion to follow a suspect in California if the encounter remains consensual. Under California law, consensual encounters between law enforcement and individuals do not trigger Fourth Amendment scrutiny. A consensual encounter occurs when a reasonable person would feel free to disregard the police and go about their business. For example, officers may approach someone in a public place and converse with them without any suspicion of criminal activity. However, the encounter becomes a detention if the individual is not free to leave or terminate the interaction.1

If the police action escalates to a detention, reasonable suspicion is required. A detention occurs when an officer restrains an individual’s liberty through physical force or a show of authority, and a reasonable person would not feel free to leave. Reasonable suspicion must be based on specific, articulable facts that suggest the person is involved in criminal activity.2

How Long can Police Follow a Suspect?

Continued police surveillance violates the 4th Amendment if it is unreasonable. Surveillance is unreasonable if it infringes upon an individual’s reasonable expectation of privacy or is conducted in a manner that is excessive or unjustified under the circumstances.3 There is no bright line on when continued surveillance becomes unreasonable. However, to violate the 4th amendment, the surveillance must be more than following a suspect for a short time. Ultimately the reasonableness of the surveillance depends on the specific facts of the case.

Additionally, California statutes clarify that law enforcement personnel may follow or surveil individuals. Officers can follow suspects as a part of their duty to investigate suspected illegal activity or misconduct. Their surveillance must be supported by articulable suspicion.4 This aligns with the principle that reasonable suspicion is necessary for more intrusive actions, such as detentions or searches, but not for mere observation or following in public spaces.

  1. People v. Kidd, 36 Cal. App. 5th 12, People v. Linn, 241 Cal. App. 4th 46. ↩︎
  2. Arburn v. Department of Motor Vehicles, 151 Cal. App. 4th 1480, People v. Bennett, 17 Cal. 4th 373. ↩︎
  3. United States v. Martin, 753 F. Supp. 454, 463. ↩︎
  4. Cal. Civ. Code section 1708.8. ↩︎

Can Police Order You to Exit Your Car?

The answer is yes. Police can order you to exit your car when they pull you over.

Why Can Police Order You to Exit Your Car?

The reason police can order you to exit your car is for officer safety. Police can make this order under any circumstances:

  • Police can order people out of a car even if they do not have probable cause or reasonable suspicion to believe a crime has committed.
  • Police can order people out of a vehicle even if they do not believe those people are armed or dangerous.
  • Police can order all occupants out of the car.

Why do Police Have This Power?

In 1977, Harry Mimms was driving in Philadelphia when he was stopped for having an expired license plate. One of the officers asked Mimms to exit his vehicle. When Mimms exited, the driver noticed a bulge in Mimms jacket. The officer patted Mimms down and discovered a loaded firearm in his waistband.

Mimms claimed that the officer’s order for him to exit the vehicle violated his 4th Amendment right to be free from unreasonable search and seizure. The United States Supreme Court reviewed the case and ruled that the officer had not violated Mimms’ 4th Amendment rights. (see Pennsylvania v. Mimms (1977) 434 U.S. 106)

The Supreme Court noted that the officer had no reason to believe Mimms was committing a crime. However, the officer claimed it was his usual practice to order all drivers out of their vehicle during a traffic stop. The prosecution argued that the officer’s practice was meant to ensure officer safety during a traffic stop.

The Supreme Court ruled that officer safety outweighs the minor 4th Amendment intrusion of having a driver or passenger exit a vehicle. According to one study, 30% of police shootings occurred when an officer approached a person seated in a vehicle. A significant percentage of murders of police officers occurs when the officers are making traffic stops. In addition, police can be hit by passing traffic when standing outside the driver window. The 4th Amendment intrusion of having a passenger exit a vehicle is minimal by comparison.

What if You Refuse to Exit Your Car?

If you refuse to exit, you could be charged with resisting or delaying arrest under Penal Code § 148. This offense is a misdemeanor punishable by a maximum of 364 days in jail.

Advice

If an officer asks you to exit your vehicle, you should clarify whether he is giving you an order or merely asking you to exit. While you should follow a police order, you do not have to comply with a voluntary request.

Do you think this law gives police too much power? You should raise your concerns with your state representative or senator.

Reasonable Suspicion

Reasonable suspicion is an exception to the warrant requirement under the 4th Amendment. In other words, police do not need a warrant to stop, detain, or investigate a person as long as they have reasonable suspicion.

Definition

Reasonable suspicion means that the facts known to the officer warrant a reasonable belief that a crime has been committed or some other criminal activity is afoot. (Terry v. Ohio (1968) 392 U.S. 1.)

Reasonable suspicion is less than probable cause, but it cannot be mere speculation or hunch. (People v. Rodriguez (2006) 143 Cal.App.4th 1137.)

What Can Police Do if They Have Reasonable Suspicion?

Police can stop, detain, and investigate persons they suspect of being involved in criminal activity. They may detain persons long enough to determine whether the suspicious activity is criminal activity. (Florida v. Royer (1983) 460 U.S. 491.) In addition, police can pat down (“frisk”) the person for weapons for their safety. However, police cannot arrest a person unless they have probable cause.

Probable cause is a higher standard that requires evidence that the suspect committed a crime. In contrast, reasonable suspicion only requires suspicion of criminal activity. (People v. Celis (2004) 93 P.3d 1027.) Put another way, probable cause means a crime has occurred, while reasonable suspicion means a crime may have occurred.

Specific Examples

An officer may stop a vehicle after running its license plate and learning that the registered owner had a revoked license. (Kansas v. Glover (2020) 589 U.S. 376.)

An officer may detain a suspect based on an anonymous 911 tip of assault with a firearm if the 911 tip accurately described the suspect in detail. (People v. Dolly (2007) 40 Cal.4th 458.)

An officer may stop a vehicle for swerving within a lane for 1/2 of a mile (People v. Bracken (2000) 83 Cal.App.4th Supp 1.)

Insufficient Reasonable Suspicion

An officer may not stop a suspect based only on their presence in a high crime area. (People v. Flores (2024) 15 Cal.5th 1032.)

An officer cannot detain a vehicle for a dog sniff without specific evidence of drug involvement. (People v. Gyorgy (2023) 93 Cal.App.5th 659.)

An officer cannot pat down a suspect based only on their past criminal history. (People v. Pantoja (2022) 77 Cal.App.5th 483.)If you believe officers detained you without reasonable suspicion, you should consult an attorney. You could contest your detention in court and ask the judge to suppress evidence obtained unlawfully by police. You can also file a complaint or sue the police for their unlawful detention.