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Cal.2d: Arrest of bystander to possession of MJ was unreasonable

By John Wesley Hall, Jr.

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., 2008 Cal. App. LEXIS 1368 (2d Dist. August 28, 2008): Detective Cepeida's “policy” 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, supra, 33 Cal.4th at pp...continue to full post

Full post as published by Fourth Amendment on September 01, 2008 (boomark / email).