People v. Ireland CA1/5

DISCUSSION

Defendant challenges the trial court’s denial of his motion to suppress evidence (§ 1538.5). Defendant asserts that his warrantless detention and subsequent arrest and search were unlawful under the Fourth Amendment of the United States Constitution. The governing law is not in dispute. The right of all citizens “ ‘to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated . . . .’ (U.S. Const., Amend. IV.) State and local law enforcement officials are subject to the requirements of the Fourth Amendment based

3 upon the operation of the due process clause of the Fourteenth Amendment to the United States Constitution.” (People v. Banks (1993) 6 Cal.4th 926, 934.) “[T]he temporary detention of a person for the purpose of investigating possible criminal activity may, because it is less intrusive than an arrest, be based on ‘some objective manifestation’ that criminal activity is afoot and that the person to be stopped is engaged in that activity. (United States v. Cortez (1981) 449 U.S. 411, 417 & fn. 2 [citations]; see also In re Tony C. (1978) 21 Cal.3d 888, 893 [citations] [in which this court…