People v. Jacquett CA4/1

DISCUSSION

Jacquett argues the trial court erred in denying his suppression motion because

Officer Hildreth did not have a reasonable suspicion to detain the vehicle and thus, the

evidence seized as a result of the stop should have been suppressed. We disagree.

An officer lawfully may stop and briefly detain a person for questioning or limited

investigation if he or she has a "reasonable suspicion," based on specific and articulable

facts, that (1) some activity relating to a crime has taken place, is occurring or is about to

occur, and (2) the person he intends to stop or detain is involved in that activity. (United

States v. Sokolow (1989) 490 U.S. 1, 7–8.) "The officer's subjective suspicion must be

objectively reasonable, and 'an investigative stop or detention predicated on mere

curiosity, rumor, or hunch is unlawful, even though the officer may be acting in complete

good faith. [Citation.]' [Citation.] But where a reasonable suspicion of criminal activity

3 exists, 'the public rightfully expects a police officer to inquire into such circumstances "in

the proper exercise of the officer's duties." ' " (People v. Wells (2006) 38…