Legal Question in Criminal Law in California

reasonable suspicion

sitting on curb in walmart parking lot at 6;30 pm with 31 ft travel trailer, due to mechinical problem. City ordinance takes effect at 10pm prohibiting overnight parking. Unable to obtain parts, discussing how to get trailer to local campground. Officer rolls up, rude, hostile, nasty, demanding if we are camping. Told him situation, he took ids, orderd us to curb, eventually it went really bad. Question? Can he assume we are ''camping'' four hours ahead of the ordinance? I believe there was no reasonable suspicion for him to even speak to us at that time, much less get as nasty as he did. (multiple rvs ovenighting in that lot every night since it opened!..we weren't planning to stay, said so, explained situation, he and civilian ride along searched trailer, husband eventually arrested for obstruction of investigation? horrible! Probably the only people ever arrested for camping at wal mart, and we were just trying to figure out the next move! Thank you.....yes, we have an attorney, but not getting any answers regarding this question. How can you be breaking the law four hours ahead of the law going into effect?


Asked on 1/29/07, 5:10 am

1 Answer from Attorneys
Daniel J. Mangan III JuryTrialJustice

Re: reasonable suspicion

First, I don't have the oridinance so assuming the no camping is the reason for the contact,(attempted unlawful camping..????) an officer may contact anyone, anytime, even if no PC...could be initial conset? Precise time/act/conduct or words of officer that make it a detention, legal or no, is a fact question for the court at the motion to supress evidence...demeanor of the officer is also a fact question, which may or may not be a deciding factor.

Good Luck

DJM

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Answered on 1/29/07, 8:47 pm


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