SAN DIEGO DISTRICT ATTORNEY The Fourth Amendment and ...

Types of Detentions:
Traffic Stops:
called “high narcotics area” is sufficient in itself to justify a
temporary detention (as well as a patdown for weapons). (Illinois
v. Wardlow (2000) 528 U.S. 119 [145 L.Ed.2 nd 570]; see “Flight”
under “Consensual Encounters,” above.)
Detention vs. Arrest: Although issuing a traffic citation is
technically an arrest and release on the person’s written promise
to appear (see United States v. Leal-Feliz (9 th Cir. Nov. 30, 2011)
__F.3 rd __ [2011 DJDAR 17179; 2011 U.S. App. LEXIS 23800].),
it is treated as a detention because of the minimal intrusion
involved. (Berkemer v. McCarty (1984) 468 U.S. 420, 439 [82
L.Ed.2 nd 317, 334]; Arizona v. Johnson (2009) 555 U.S. 323 [172
L.Ed.2 nd 694]; see also People v. Hernandez (2006) 146
Cal.App.4 th 773; “Traffic stops are treated as investigatory
detentions for which the officer must be able to point to specific
and articulable facts justifying the suspicion that a crime is being
committed.”)
In that the traffic stop itself (i.e., prior to the issuing of a
citation), is considered to be no more than a detention, it
only requires a “reasonable suspicion” that a traffic offense
had been committed in order to be a lawful stop. (United
States v. Lopez-Soto (9 th Cir. 2000) 205 F.3 rd 1101, 1104-
1105; People v. Miranda (1993) 17 Cal.App.4 th 917, 926
Brierton v. Department of Motor Vehicles (2005) 130
Cal.App.4 th 499, 509-510; United States v. Miranda-
Guerena (9 th Cir. 2006) 445 F.3 rd 1233.)
In establishing the necessary “reasonable
suspicion,” the officer is not required to personally
“observe all elements of criminal conduct.” He
need only “be able to ‘point to specific articulable
facts that, considered in light of the totality of the
circumstances, provide some objective
manifestation that the person detained may be
involved in criminal activity.’ [Citation]” Brierton
v. Department of Motor Vehicles, supra., at p.
509.)
Then the citation (i.e., the arrest and release) is
written based on the “probable cause” to believe a
© 2012 Robert C. Phillips. All rights reserved
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