Stanley
People v. Stanley
Opinion
lead Opinion
Mihara, J.
*400 The superior court granted defendant Reese Allen Stanley's suppression motion and dismissed the criminal action against him after it found that the detention of defendant by a sheriff's deputy was not supported by reasonable suspicion. The prosecution challenges that finding. We conclude that the deputy's detention of defendant was reasonable, and we therefore reverse the superior court's order.
I. Facts
On the afternoon of May 7, 2015, Deputy Brian Tanaka responded to a dispatch telling him that a bus driver had spotted the suspect in "a 288 case" (lewd act on a child) on a VTA
*401 bus in San Jose. Tanaka was aware of the "288 case" because he had seen a report on the news that included a video of the suspect. He also knew that the sheriff's department distributes "Be on the Lookout" fliers to VTA bus drivers. Tanaka responded to the bus, which was parked, boarded the bus, and spoke with the driver. The bus driver told Tanaka that he had seen a "picture" on a "Be on the Lookout" flier, and the picture "matched" a passenger on the bus. The "Be On the Look-out (BOLO)" flier issued by the San Jose Police Department on May 7, 2015 concerned a child sexual assault that had…