People v. Jimenez CA2/6

DISCUSSION

The Fourth Amendment of the United States Constitution prohibits unreasonable searches and seizures. (Terry v. Ohio (1968) 392 U.S. 1, 8-9 [20 L.Ed.2d 889] (Terry).) But the Fourth Amendment “permits an officer to initiate a brief investigative . . . stop when [the officer] has ‘a particularized and objective basis for suspecting the particular person stopped of criminal activity.’ [Citations.] ‘Although a mere “hunch” does not create

3 reasonable suspicion, the level of suspicion the standard requires is considerably less than proof of wrongdoing by a preponderance of the evidence, and obviously less than is necessary for probable cause.’” (Kansas v. Glover (2020) 589 U.S. 376, 380 [206 L.Ed.2d 412]; People v. Flores (2024) 15 Cal.5th 1032, 1041 (Flores).) Furthermore, an officer may conduct a reasonable search for weapons when the officer has reason to believe a suspect is armed and dangerous, regardless of whether probable cause to arrest exists. (People v. Avila (1997) 58 Cal.App.4th 1069, 1074.) “The officer need not be absolutely certain that the individual is armed; the issue is whether a reasonably prudent [person] in the circumstances would be warranted in…