{"id":50226,"date":"2021-11-07T12:05:34","date_gmt":"2021-11-07T17:05:34","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=50226"},"modified":"2021-11-07T12:05:34","modified_gmt":"2021-11-07T17:05:34","slug":"cal-2-either-rs-or-pc-required-for-order-to-put-hands-on-hood-of-police-car","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=50226","title":{"rendered":"Cal.2: Either RS or PC required for order to put hands on hood of police car"},"content":{"rendered":"\n<p>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. \u201cWe 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.\u201d <a href=\"https:\/\/www.courts.ca.gov\/opinions\/documents\/B310554.PDF\">People v. Cuadra<\/a>, 2021 Cal. App. LEXIS 935 (2d Dist. Nov. 5, 2021).<\/p>\n\n\n\n<p>There was probable cause for DCS\u2019s intervention here, and that defeats this \u00a7 1983 claim against them. <a href=\"http:\/\/media.ca7.uscourts.gov\/cgi-bin\/rssExec.pl?Submit=Display&amp;Path=Y2021\/D11-05\/C:21-1363:J:PerCuriam:aut:T:npDp:N:2788698:S:0\">Lusa v. Ind. Dep&#8217;t of Child Servs.<\/a>, 2021 U.S. App. LEXIS 33006 (7th Cir. Nov. 5, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>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. \u201cWe conclude that there was neither probable cause to arrest appellant &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=50226\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[20,35,4],"tags":[],"class_list":["post-50226","post","type-post","status-publish","format-standard","hentry","category-probable-cause","category-reasonable-suspicion","category-stop-and-frisk"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50226","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\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=50226"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50226\/revisions"}],"predecessor-version":[{"id":50227,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50226\/revisions\/50227"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=50226"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=50226"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=50226"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}