Tag: reasonable suspicion

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 Local Police Stop Cars on the Freeway?

Yes. Local police can stop cars on the freeway or highway. In fact, any member of California law enforcement can generally enforce the laws anywhere in the state. This includes sheriffs, park rangers, harbor patrol, railroad police, and many other branches of law enforcement.

Why Can Police Stop Cars on the Freeway?

In California, almost all state and local law enforcement agencies have authority throughout the entire state. This means they can stop a vehicle on the freeway and can arrest persons for whom they have probable cause. For an exhaustive list, see Penal Code § 830-832.18.

Some of the better known state agencies are:1

  • California Highway Patrol
  • University of California Police
  • Cal State University Police
  • Department of Corrections and Rehabilitation
  • Department of Fish and Game
  • Department of Parks and Recreation
  • Department of Forestry and Fire Protection
  • Department of Alcoholic Beverage Control
  • California Exposition and State Fair Marshalls
  • Department of Cannabis Control

There are, however, many many more state agencies that have police authority throughout the state:

  • Department of Consumer Affairs2
  • Department of Motor Vehicles3
  • California Horse Racing Board4
  • Department of Housing and Community Development5
  • Department of Financial Protection and Innovation6
  • Department of Justice7

There are also many local agencies that have police powers anywhere in the state of California:

  • All county sheriffs and city police officers8
  • Community College Police9
  • Housing Authority Patrol Officers10
  • Municipal Security Officers11

Local agencies have some limits on their policing. Fore example, local police can only police:

  • Public offenses in their jurisdiction;
  • With permission from other law enforcement;
  • To prevent danger to person or property or escape of the perpetrator.

Three agencies from other states have limited police power to stop cars a freeway. They are the Oregon State Police, the Nevada Department of Motor Vehicles and Public Safety, and the Arizona Department of Public Safety. These agencies have police powers up to 50 miles inside California if:

  • The California Highway Patrol requests their help, or
  • Law enforcement services are necessary to preserve life 12
  1. Penal Code § 830.2 ↩︎
  2. Penal Code § 830.3(a) ↩︎
  3. Penal Code § 830.3(c) ↩︎
  4. Penal Code § 830.3(d) ↩︎
  5. Penal Code § 830.3(j) ↩︎
  6. Penal Code § 830.3(l) ↩︎
  7. Penal Code § 830.1(b) ↩︎
  8. Penal Code § 830.1 ↩︎
  9. Penal Code § 830.32 ↩︎
  10. Penal Code § 830.31 ↩︎
  11. Penal Code § 830.34 ↩︎
  12. Penal Code § 830.39↩︎

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.