People v. Bower, 597 P.2d 115 (Cal. 1979)

Facts

Officer Povey’s attention was drawn to a white male in a group of African-Americans coming out of an elevator at the projects.  After the group noticed the officers, they stopped, turned around, and then split up.  Povey followed the white male, ordered him to stop, and pat him down, finding a pistol.

Procedural History

Bower was convicted of being a felon in possession of a firearm.

Issue(s)

Did the facts known to Povey justify his conclusion that unusual activity was afoot and related to crime, thus allowing the stop of Bower?

Holding(s)

No.

Reasoning/Analysis

The Court found that to legally detain an individual on suspicious circumstances, it must be shown that: (1) some activity out of the ordinary had taken place or was occurring or about to occur, (2) the activity was related to crime, and (3) the individual under suspicion was connected to the activity.  The presence of a white man at night in a predominantly black residential area having an assertedly high crime rate is an inadequate basis on which to seize him under the Fourth Amendment.

Judgment/Outcome

The Court reversed the judgment of the lower court.

Concurring Opinions/Dissenting Opinions/Comments

Clark dissented, stating that the majority placed too much emphasis on the racial distinctions and failed to recognize the suspicious behavior conducted by the group.