People v. Superior Court (Backey)

The single issue of this mandate proceeding instituted by the People is whether a police officer unlawfully detained Reginald Roy Backey, the real party in interest, prior to development of probable cause for his arrest on a charge of burglaiy. A magistrate had found no unlawful detention, and held Backey to answer for trial in the superior court. Disagreeing, the superior court ordered suppressed the burglary’s fruits found in Backey’s possession.

The controlling authority of our inquiry follows.

People v. Gale, 9 Cal.3d 788, 797-798 [ 108 Cal.Rptr. 852 , 511 P.2d 1204 ]. “ ‘While a detention of a citizen by a police officer based on a “mere hunch” is unlawful, if there is a rational suspicion that some activity out of the ordinary is taking place, and some suggestion that the activity is related to crime, a detention is permissible.’ ”

People v. Flores, 12 Cal.3d 85, 91 [ 115 Cal.Rptr. 225 , 524 P.2d 353 ], “Where there is a rational belief of criminal activity with which the suspect is connected, a detention for reasonable investigative procedures infringes no constitutional restraint.”

People v. Harris, 15 Cal.3d 384, 388-389 [ 124 Cal.Rptr. 536 , 540 P.2d 632 ]…