Thursday, May 02, 2024

People v. Flores (Cal. Supreme Ct. - May 2, 2024)

Justice Corrigan authors a powerful opinion that holds that it's not permissible for the police to conduct a Terry stop just because someone's in a high crime area and pretending to tie his shoe behind a car in order to avoid the police, and Justice Evan authors an equally powerful concurrence (joined by a majority of the Court) that highlights the racial implications of a rule that assumes that the "normal" response to a police encounter is to welcome and/or consent to it.

All of which are worthy of incredibly careful consideration.

My only thought upon reading both opinions is that, while the California Supreme Court is unanimous here, my very strong suspicion is that the United States Supreme Court would come out the other way. Likely 6-3.