PEOPLE v. SOUZA

Docket No. S032488.

9 Cal.4th 224 (1994)

885 P.2d 982

36 Cal. Rptr.2d 569

THE PEOPLE, Plaintiff and Respondent, v. CARLOS SOUZA, Defendant and Appellant.

Supreme Court of California.

December 28, 1994.


Attorney(s) appearing for the Case

COUNSEL

Lawrence A. Gibbs, under appointment by the Supreme Court, and Blair Griffith, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Ronald A. Bass, Assistant Attorney General, Ronald S. Matthias, Martin S. Kane and Richard Rochman, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

KENNARD, J.

When a person takes "flight" at the sight of a police officer, may the officer temporarily detain the person for questioning? Because under the Fourth Amendment the lawfulness of a temporary detention depends not on any one circumstance viewed in isolation, but upon the totality of the circumstances known to the detaining officer, we decline to establish a "bright-line" rule that flight without more provides cause...

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