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PEOPLE v. BOWER

Docket No. Crim. 20369.

24 Cal.3d 638 (1979)

597 P.2d 115

156 Cal. Rptr. 856

THE PEOPLE, Plaintiff and Respondent, v. JACK LEE BOWER, Defendant and Appellant.

Supreme Court of California.

July 17, 1979.

Attorney(s) appearing for the Case

COUNSEL

Paul N. Halvonik, State Public Defender, under appointment by the Court of Appeal, Clifton R. Jeffers, Chief Assistant State Public Defender, Philip A. Schnayerson and Philip M. Brooks, Deputy State Public Defenders, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, Gloria F. DeHart and Thomas A. Brady, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BIRD, C.J.

This court must decide whether an officer may constitutionally detain a citizen because he is a white man who happens to be with a group of black men in a black residential area at 8:37 p.m.

I

At 8:37 p.m. on Monday, December 22, 1975, Officers Philip F. Povey and James Hunt of the San Francisco Police Department were in a marked patrol car about 50 yards...

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