Cal.2: Either RS or PC required for order to put hands on hood of police car

There was neither probable cause nor reasonable suspicion to order defendant to put his hands on the hood of the police car, and it was a seizure without justification. “We conclude that there was neither probable cause to arrest appellant but for the illegal detention, nor was this a consensual encounter after the officers directed appellant to the hood of the car. As for a brief investigatory stop under Terry v. Ohio, there must be an objective manifestation of a reasonable articulable suspicion that criminal activity is afoot and that appellant was a person engaged in, or about to engage in, criminal activity.” People v. Cuadra, 2021 Cal. App. LEXIS 935 (2d Dist. Nov. 5, 2021).

There was probable cause for DCS’s intervention here, and that defeats this § 1983 claim against them. Lusa v. Ind. Dep’t of Child Servs., 2021 U.S. App. LEXIS 33006 (7th Cir. Nov. 5, 2021).*

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