When determining whether a particular police encounter with a suspect amounted to a detention, an objective standard is used by the Courts. The question is, in view of all surrounding circumstances, would a reasonable person in the suspect’s position have believed he or she was not free to leave?
If a reasonable person would have believed that he or she was not free to leave, the encounter will likely be characterized as a detention. On the other hand, if a reasonable person would have felt free to leave, the encounter will be deemed merely a “casual encounter.” This issue comes under the FOURTH AMENDMENT of the United States Constitution. An OBJECTIVE standard is used during the analysis of whether there has been a “seizure” of defendant’s person. Not a subjective standard, meaning – an officer’s motivation or purposes and defendant’s actual state of mind are generally irrelevant. What is relevant is “SPECIFIC AND ARTICULABLE” facts and reasonable inferences therefrom.
Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 877-466-5245 or go to our website at www.wklaw.com for more information.
AUTHOR: Paul Wallin
Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney.
Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.
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