{"id":2428,"date":"2008-12-23T16:53:19","date_gmt":"2008-09-01T09:06:42","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-09-01T09:06:42","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2428","title":{"rendered":"Cal.2d: Arrest of bystander to possession of MJ was unreasonable"},"content":{"rendered":"

Officers saw a juvenile smoking a joint, and he discarded it as they approached. It was retrieved and the juvenile and his companion were handcuffed and arrested. The companion was searched, finding marijuana. The arrest of the companion was unjustified. In re Antonio B.<\/a>, 166 Cal. App. 4th 435 (2d Dist. 2008):<\/p>\n

Detective Cepeida’s \u201cpolicy\u201d of handcuffing any suspect he detains for further investigation regardless of the circumstances of the stop ignores the constitutional directive that a detention based upon reasonable suspicion of criminal activity must be conducted using the least intrusive means reasonably available under the circumstances of that particular detention. (People v. Celis<\/em>, supra, 33 Cal.4th at pp. 674\u2013675.) Because the use of handcuffs on appellant during the stop was not warranted under the circumstances, the seizure constituted an arrest rather than a detention. As there was no probable cause to arrest appellant at the time he was handcuffed, the arrest was illegal, and the consent to be searched, which on this record flowed directly from the illegal arrest, was not voluntary. Therefore, the evidence discovered must be suppressed. (Wilson v. Superior Court <\/em>(1983) 34 Cal.3d 777, 783\u2013784, 791 [195 Cal. Rptr. 671, 670 P.2d 325] [evidence found in search must be suppressed when defendant consented to search during illegal detention]; People v. Valenzuela <\/em>(1994) 28 Cal.App.4th 817, 833 [33 Cal. Rptr. 2d 802] [\u201cit is axiomatic that a consent to search produced by an illegal arrest or detention is not voluntary\u201d].)<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-2428","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2428","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2428"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2428\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2428"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2428"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2428"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}