Tomorrow morning, the Supreme Court will file its opinion in People v. Flores. (Briefs here; oral argument video here.)
When the court un-held Flores last July, it directed the parties to brief this issue: “Was defendant’s detention supported by reasonable suspicion that he was engaged in criminal activity?” More about the case here.
The question split the Court of Appeal in the case. (Opinion here.)
Answering “no,” the dissent said, “The majority’s overbroad view of what sort of conduct can be deemed suggestive of wrongdoing ignores applicable law and the realities of twenty-first century America.”
The majority relied on facts that the defendant “saw police and tried to avoid contact with them by ducking down behind a parked car, . . . ‘toying with his feet,’ . . . [and] persisted in his odd crouch position for ‘far too long a period of time.’ ” The dissent responded that the defendant’s “reaction was neither abnormal nor suspicious. Indeed, some even might instruct their children remaining still is a prudent course of action (and even then, it may not work. #BlackLivesMatter.) To hold otherwise ignores the deep-seated mistrust certain communities feel toward police and how that mistrust manifests in the behavior of people interacting with them.” It concluded, “The majority opinion narrows the options for those who want to be judged ‘normal’ and hence beyond suspicion. They must stand erect and chat up the officers who approach them. Tell that to Eric Garner.”
This will be the last of four opinions for cases argued in February. Additional argued but undecided cases are the six from the March calendar (opinions expected by June 3) and the six on the April calendar (opinions expected by July 1).
The Flores opinion can be viewed tomorrow starting at 10:00 a.m.
