People v. Metzgar CA3

DISCUSSION

On appeal, defendant contends the burglary tools and methamphetamine pipe should have been suppressed because Officer Jagur illegally detained him in violation of his Fourth Amendment rights. Defendant argues he was detained before Officer Jagur conducted the patdown search, absent reasonable suspicion he was involved in any criminal activity. Defendant further argues the complainant’s tip did not provide reasonable suspicion of ongoing criminal activity or that defendant was engaged in that criminal activity, such that there was no legal basis for his detention when the officer conducted the patdown search that resulted in the discovery of the burglary tools and pipe. We disagree. I Was There A Detention And When Did It Occur? “A detention occurs . . . ‘when the officer, by means of physical force or show of authority, has in some way restrained the liberty of a citizen’ ” (In re Randy G. (2001) 26 Cal.4th 556, 562) and that citizen would have reasonably believed he or she “ ‘was not

3 free to decline the officer[’s] requests or otherwise terminate the encounter’ ” (People v. Bouser (1994) 26 Cal.App.4th 1280, 1283). “ ‘In reviewing the denial of a motion to suppress…