People v. Stanley
Annotate this CaseDeputy 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 San Jose bus. Tanaka was aware of the case, having seen a news video of the suspect. Tanaka boarded the bus; the driver stated that he had seen a “picture” on a police-issued “Be on the Lookout” (BOLO) flier that “matched” a passenger. The BOLO concerned a child sexual assault two days earlier and described the suspect as “WMA, Age: 30, 5’10”, 155 lbs, dark or brown shaggy hair w/beard, tan complexion” and contained three color photographs. Tanaka had never seen the flier. The driver pointed out defendant, who was asleep on a seat. Tanaka awakened defendant, identified himself, handcuffed defendant, and removed him. Defendant identified himself. Tanaka learned that defendant was on parole. Other deputies observed that, “[j]ust by the descriptors alone, [defendant] did match.” Defendant was subjected to a parole search, which turned up narcotics. About 10-15 minutes later, deputies received clear photos and determined that defendant was not the person depicted on the flier. Defendant was charged with possession of heroin The court granted defendant’s suppression motion and dismissed. The court of appeal reversed. The information provided by the driver was sufficient to reasonably justify a brief stop to determine if defendant was the suspect in the “288 case.”
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