2015-IPG #11(New Detention Cases: Brown and Linn)

This week's IPG focuses on two recent cases involving what distinguishes a dentention (which requires reasonable suspicion) from consensual encounter (which does not require reasonable suspicion). The first is from the California Supreme Court and highlights the issue of whether a driver of a parked vehicle is considered "detained" when an officer pulls up behind the vehicle and turns on his emrgency lights (Brown 61 Cal.4th 96). The second is from a California appellate court and focuses on the issue of whether the driver of parked car is detained when an officer requests, retains, and runs the license of the driver (Linn 2015 WL 5866997). Guest: Santa Clara County Deputy District Attorney Mike Galli.