Category: investigative 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. ↩︎

Police Stops and Your Rights

tips on safely interacting with police during stops

Knowing your duties, rights, and law enforcement objectives can help you safely navigate an encounter with law enforcement. Below is a brief discussion of things to consider if the police stop you.

step 1: know your dutiespolice

police

Identify Yourself

You must identify yourself if police have probable cause to believe you committed a crime, have a warrant for your arrest, or are in violation of probation or parole.

Provide Your Driver’s License

You must provide your driver’s license if you are pulled over while driving.

Probation or Parole

You must admit that you are on probation or parole if doing so is a condition of your probation or parole.

step 2: know your rights

police

Remain Silent (5th Amendment)

Except for the duties above, you are not required to respond to questions.

Refuse Search (4th Amendment)

You do not have to allow police to search you, your possessions, or your vehicle, unless submitting to search is a condition of probation or parole.

Ask if You are Free to Leave (4th Amendment)

If you are not free to leave, law enforcement must have a reason for detaining you.

step 3: know the police

police

Authority

Authority figures do not like signs of disrespect, such as being ignored, or rude, impolite, or offensive behavior.

Crime-fighting

The modern policing focuses on crime-fighting. If police believe you are obstructing or delaying them from this objective, the could arrest you or use force against you.

Armed

Consider that most police are armed and some carry fully automatic assault weapons.

Immunity

Officers are immune to most civil lawsuit and rarely face criminal prosecution or internal discipline. Therefore, police have few if any consequences for harming you or violating your rights.

What Can I Say to Police?

  1. I respect law enforcement and the job you do.
  2. However, I am not going to consent to a search of myself, my property, or my vehicle.
  3. I will not resist you, but I will not consent to my detention, search, or seizure.
  4. Nor will I answer any questions without my lawyer present.
  5. With that being said, am I free to leave?

What Can I Do if Police Violated My Rights?

If you can prove police misconduct, the judge could dismiss your criminal case. You could also sue the law enforcement for violating your established constitutional rights.