In a decision that could seriously impair police effectiveness, a recent ruling by the California Supreme Court holds that individuals cannot be detained merely for avoiding police interaction. To appreciate the gravity of this ruling, we need to dive into its origins and the principles at stake.
The basis of modern criminal investigation, including the gathering of evidence, finds its roots in the Fourth Amendment of the U.S. Constitution. This amendment was crafted as a response to the arbitrary and invasive practices of the British government prior to American independence, where military forces could forcibly enter homes and confiscate goods at will.
To prevent such abuses, the Fourth Amendment shields American citizens against unreasonable searches and seizures, ensuring that law enforcement actions are justified by probable cause. This means that before a search warrant is issued, there must be a reasonable basis, supported by facts, to believe that a crime has been, is being, or will be committed.
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