{"id":2511,"date":"2008-12-24T11:33:13","date_gmt":"2008-10-01T09:15:00","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-10-04T09:20:57","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2511","title":{"rendered":"Cal.2d: Flight in gang stronghold after crime is RS for a stop and a patdown"},"content":{"rendered":"<p>Man running in a gang stronghold area was stopped by the police, and, while that is not reasonable suspicion, the fact that the officers knew a crime had occurred makes it reasonable to believe that he was running from it. <a href=\"http:\/\/www.courtinfo.ca.gov\/opinions\/documents\/B200933.PDF\">In re H.M.<\/a>, 167 Cal. App. 4th 136, 83 Cal. Rptr. 3d 850 (2d Dist. 2008):<\/p>\n<blockquote><p>Similarly, here, it was reasonable for Magallon to assume that a crime committed in a gang stronghold would involve a weapon, and that a person fleeing from such a crime would likely be armed. As explained in <em>Souza<\/em>, \u201cwe must allow those we hire to maintain our peace as well as to apprehend criminals after the fact, to give appropriate consideration to their surroundings and to draw rational inferences therefrom, unless we are prepared to insist that they cease to exercise their senses and their reasoning abilities the moment they venture forth on patrol.&#8217; [Citation.]\u201d (<em>People v. Souza<\/em>, supra, 9 Cal.4th at p. 241, citing <em>People v. Holloway <\/em>(1985) 176 Cal.App.3d 150, 155 [221 Cal. Rptr. 394].) \u201cFailure to cursorily search suspects for weapons in a confrontation situation in an area where gang activity and weapon usage is known from the officers&#8217; past experience would be most careless.\u201d (<em>In re Stephen L.<\/em> (1984) 162 Cal.App.3d 257, 260 [208 Cal. Rptr. 453].) <\/p><\/blockquote>\n<p>Admission of possession of a knife during a traffic stop coupled with defendant&#8217;s nervousness justified frisk. Hicks v. State, 293 Ga. App. 745, 667 S.E.2d 715 (2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=2511\">Continue reading <span class=\"meta-nav\">&rarr;<\/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-2511","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2511","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=2511"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2511\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2511"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2511"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2511"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}