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California Supreme Court Rules 7-0 People Cannot be Detained for Trying to Evade Police Officers
Gateway Pundit ^ | May 11, 2024 | Jim Hoft

Posted on 05/11/2024 4:31:25 PM PDT by Macho MAGA Man

The California Supreme Court declared that law enforcement officers cannot detain individuals because they attempt to avoid police contact. This unanimous decision has stirred a significant response from police unions, who argue that it will hamper their ability to maintain public safety effectively.

The court, in a 7-0 decision, stated that actions such as appearing to conceal oneself or acting nervously do not alone provide a sufficient basis for officers to detain individuals.

This was elaborated in an opinion by Justice Carol Corrigan, emphasizing that while such behaviors could be considered within a broader context, they do not meet the threshold of “reasonable suspicion of criminal activity” necessary to legally detain someone.

(Excerpt) Read more at thegatewaypundit.com ...


TOPICS: Government; Local News; Politics; Society
KEYWORDS: california; casupremecourt; constitution; crime; criminals; donutwatch; freedom; jbt; policedetaining
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To: Macho MAGA Man

I wish the courts would rule it’s illegal to sit on the side of the road like a vulture looking for its prey. Nothing like a mobile tax collector to ruin your day watching them sit on the side of the road. The more of them I see the more I feel like I’m living in a police state. At least we don’t have DUI checkpoints.


61 posted on 05/11/2024 7:17:53 PM PDT by AlaskaErik (There are three kinds of rats: Rats, Damned Rats, and DemocRats.)
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To: Macho MAGA Man
Justice Kelli Evans, the high court’s newest member, wrote in a concurring opinion joined by four other justices that said, “many individuals — including, particularly, people of color — commonly hold a perception that engaging in any manner with police, including in seemingly casual or innocuous ways, entails a degree of risk to one’s safety.”

Let me fix that:

“Many individuals know that engaging in any manner with police, including in seemingly casual or innocuous ways, entails a degree of risk to one’s safety.”

62 posted on 05/11/2024 7:22:40 PM PDT by Mr.Unique (My boss wants me to sign up for a 401K. No way I'm running that far! )
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To: gundog; Openurmind

> If they [the police] said “Hey, you!” I’d stop, and ask what they wanted. <

I probably would as well. But here’s the thing. Too many cops will escalate from there, and lie to you. “You are required to show ID whenever a police officer asks for it.”

That is a lie. It is a lie in every state in the Union. Some people will be intimidated, and give up their ID. That alone can get you entered into a national database. Who the hell wants that?

And if you don’t show ID, the cop might back down. Or he might arrest and cuff you for “obstructing justice”, or some other bogus thing. Anyone who doubts that the latter happens need only do a Google search for it.


63 posted on 05/11/2024 7:36:13 PM PDT by Leaning Right (The steal is real.)
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To: AlaskaErik

Hiding on the side of the road and collecting revenue seems way easier than catching bank robbers and rapists.

Probably pays better too.


64 posted on 05/11/2024 7:50:51 PM PDT by bicyclerepair (Let's Go Brandon!)
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To: Leaning Right

Is wearing a mask, ‘evading?’

I would be ‘evading’ identification.


65 posted on 05/11/2024 8:02:50 PM PDT by Scrambler Bob (Running Rampant, and not endorsing nonsense; My pronoun is EXIT.)
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To: Leaning Right

Yep.


66 posted on 05/11/2024 8:04:34 PM PDT by Openurmind (The ultimate test of a moral society is the kind of world it leaves to its children. ~ D. Bonhoeffer)
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To: adorno

You ever turn down a street early to avoid a police checkpoint?


67 posted on 05/11/2024 8:21:30 PM PDT by Mr. Blond
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To: Macho MAGA Man

Even though I dreamed of California life as a TV watching kid in the 70’s and early 80s I have discovered that I vow NEVER to vist that God forsaken state......EVER


68 posted on 05/11/2024 9:00:53 PM PDT by mowowie
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To: MeganC

so lovely how the ‘regulate the many for the actions of a few’ concept spreads its way thru the mind’s of the masses...

hope you never need a cop after your wish is granted... that would be a shame...(Insert pic of Seinfeld here)


69 posted on 05/11/2024 9:10:07 PM PDT by sit-rep
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To: TexasKamaAina

Judging from the responses I read, there are quite a few jack boot lickers here.


70 posted on 05/11/2024 9:17:07 PM PDT by sport
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To: ProtectOurFreedom

They’re not talking about that


71 posted on 05/12/2024 12:48:17 AM PDT by nikos1121
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To: MeganC; Leaning Right

if you were less shady it wouldn’t matter if the cops knew who you were. we aren’t in colonial America and your names are not struck as enemies of the crown to be killed on sight. more likely you’ve ‘forgotten’ to pay your taxes or skipped out on a speeding ticket and are hoping to avoid the cops due to the outstanding warrant.

of course, if you’re in a blue state then you’ve elected a criminal organization to run your state. they don’t play by the laws anyhow so... good luck


72 posted on 05/12/2024 3:08:07 AM PDT by sten (fighting tyranny never goes out of style)
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To: sten; MeganC

Suppose a cop stops me on a sidewalk, just for “suspicious behavior”. He demands ID. I will be polite. But I will point out to him that his demand is unlawful. He has no suspicion of an actual crime. He can ask for ID. He cannot demand it.

The cop might say, “I just need your name for my report.” Well, it’s not 1950 anymore. My name won’t go into a manila folder at the station. It will go into a computer database. And who knows what “suspicious behavior” the cop will put in the report? Loitering near a bank? Suspicion of concealing a firearm?

The demand for ID with no crime is repugnant to liberty. And more than that, giving your ID could put you on some “bad boy” list somewhere.

No offense meant to you, sten. I see your point. Crime is spiraling out of control, and good people are searching for ways to control it.


73 posted on 05/12/2024 7:22:30 AM PDT by Leaning Right (The steal is real.)
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To: AdmSmith; AnonymousConservative; Arthur Wildfire! March; Berosus; Bockscar; BraveMan; cardinal4; ...

74 posted on 05/12/2024 7:46:50 AM PDT by SunkenCiv (Putin should skip ahead to where he kills himself in the bunker.)
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To: Leaning Right

Thank you.

Our liberties were fought for and secured with the price of blood and flesh and bone. It saddens me that so many good men died for our freedom and liberty yet too many modern people would give it all up for a temporary sense of security.

The freedom to go about our country unmolested by law enforcement is unique in the world. That freedom has been eroded in the last so many years.And I for one am happy to see at least some aspect of that freedom being protected and reasserted.

It is also very depressing to see someone assert that it is somehow “shady” to value our freedoms and liberties.


75 posted on 05/12/2024 8:27:48 AM PDT by MeganC ("Russians are subhuman" - posted by Kazan 8 March 2024)
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To: Mr. Blond
You ever turn down a street early to avoid a police checkpoint?

Yes, but, that could be bigger grounds for detainment, if they notice your avoidance, which would raise big suspicions.
76 posted on 05/12/2024 9:30:58 AM PDT by adorno (CCH)
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To: ssapro

It cannot be overturned. A state, under its own laws or constitution, is allowed to give people more liberty that required by the federal constitution, so there’s no federal question at issue. A state Supreme Court is the final word on the state constitution.


77 posted on 05/12/2024 9:38:54 AM PDT by CraigEsq (,)
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To: Macho MAGA Man
Even when avoiding a police officer, one has the presumption of innocence.

Unless the police are on a call of burglary, or battery, or abuse, or some other reason for being in the vicinity other than on general patrol, simply turning the other way is not probable cause for a stop.

-PJ

78 posted on 05/12/2024 9:52:03 AM PDT by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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To: adorno

Well not anymore. I’m not obligated to walk into a trap.


79 posted on 05/12/2024 9:18:59 PM PDT by Mr. Blond
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To: Leaning Right

i hate to burst your bubble but there is absolutely no need for them to ask for your id if they want to just track who you are and where you’re going. they have all that now. the easiest way for them is your cell phone... tied directly to you and updates your exact position as you move. beyond that, they have facial recognition and cameras at numerous intersections, buildings, residential homes, and stores... tied to facial recognition, your license, and your spending habits. add to that voice recognition and everything you say online will be tagged and parsed from you.


80 posted on 05/12/2024 11:58:23 PM PDT by sten (fighting tyranny never goes out of style)
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