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Case Brief 9 - firearm The officer saw a bulge and felt in...

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Christopher Jewell Feb. 4, 2008 CRJ-205 Case Brief 9 I. People v. Courtney 90 Cal. Rptr. 370 (cal. App. 3d 1970) II. History: Courtney was convicted in Superior Court of possession of marijuana. He appealed from an order palcing him on probation. The court of appeal affirmed. III. Facts of the case a. Officer Bruschi observed jack Courtney walking through the area of Stanford university. Jack was dressed in unusual garb and when he saw the uniformed officer he turned his head away from the officer. The officer went up to jack and ID’d himself and asked what business he was attending to in the area. Jack said he was going to the residence of a person the officer knew had a police record. The officer felt more investigation as needed so he ran him through the police radio. Jack told the officer he had many offenses even for one including possession of a
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Unformatted text preview: firearm. The officer saw a bulge and felt in harm for his safety. The officer reached for the bulge when jack pulled back but the officer felt enough to feel that it was firm. Because of the crowd gathering they decided to take jack to the station. b. Courtney had a large bulge under his coat that looked like a possible dangerous weapon. IV. Legal Question: Were the officer’s justified in their taking the defendant to the station to be away from the crowd a. 2 Stanford Police Officers b. Took Courtney to the police station the get away from the crowd c. 4 th amendment of unreasonable seizure V. Opinion a. Majority: We recognize that it is only in a rare case where, absent probable cause for arrest, the removal of a suspect to a police station for further investigation is permissible VI. Judgment: affirmed...
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