Californians have very different perceptions of law enforcement – often dependent on where they live and what their previous interactions or those of people they know have been like in the past. Race plays a big part in those perceptions.
While a white person may see no reason to avoid an approaching police officer, a person of color may try to avoid them or even hide – even if they’ve done nothing wrong. They may even avoid asking for help when they need it. Of course, if an officer sees someone trying to avoid them, they might assume they’ve done something wrong, which can provoke an encounter. It can become a self-fulfilling prophecy.
Avoiding police isn’t grounds for “reasonable suspicion”
This was part of the reasoning behind a California Supreme Court ruling this spring. The majority of justices ruled that the fact that a person tries to avoid or hide from police in a public space cannot be used as grounds for “reasonable suspicion of criminal activity.” Therefore, they can’t legally detain them.
While the ruling was in a specific case that made it up to the high court, it will affect how officers can deal with members of the public in the future. It can even potentially be used to toss out convictions in previous cases if it can be shown that a detention that led to an arrest was illegal.
As one justice explained, “Many individuals — including, particularly, people of color — commonly hold a perception that engaging in any manner with police, including in seemingly casual or innocuous ways, entails a degree of risk to one’s safety. Given this context, it is apparent why attempting to avoid police officers reflects, for many people, simply a desire to avoid risking injury or death.”
Police can still approach you
While police organizations have spoken out against the ruling as limiting their ability to control crime, they still have plenty of tools at their disposal. Another justice noted that officers are still able to “approach people in public, engage them in consensual conversation, and take note of their appearance and behavior…[and] consider what they see in plain view.” All of these things can lead to reasonable suspicion that a crime has been committed and even probable cause for arrest.
While it’s typically not wise to take off running if you see police approaching, it’s important to know what your rights are. If you believe that you were illegally detained, and that illegal detainment led to your arrest, it’s smart to get legal guidance to protect your rights.
