| Not really, in the way you are using it. Only in specific edge cases and definitions, which I’m guessing you don’t know. And calling it ‘illegal’ is a stretch in 95% of them. Generally worst case any evidence gathered would just be inadmissible. After all, even if not a legal stop/detention, that doesn’t mean they committed a crime by doing it. But tell me, do you think any of these officers would have struggled to come up with probable cause to detain the driver of a giant banana car on a public roadway? Or any other ‘suspicious’ or ‘weird’ vehicle? Because I can think of at least 3 California vehicle codes off the top of my head that would likely apply, including CVC 26708, 24008.5, and 5201. And I’m not a cop. And all you need is an articulable and reasonable suspicion to detain. Stopping someone to chat (aka they can leave without penalty) is a much lower bar, though I doubt they did that. And you never answered my question. |
Which I completely agree with. But that's a very different statement.
If a cop saw someone hiding in my bushes at 2AM, that strikes me as reason to think that the person is trespassing if not worse, and would thus justify a further look. It would not be done solely on the basis of "unusual behavior."