November 5, 2012 By Wallin & Klarich

It was recently reported in the Daily Journal that the California Supreme Court held that a detention of an individual is unlawful when there is no evidence of criminal activity at the time of detention. Everett Walker was detained by a sheriff’s deputy as he got off a train. The deputy sheriff’s basis for detaining Walker was because he resembled a suspect who had committed a sexual battery the week prior. Walker was later arrested and charged with possession of drugs and use of false identification. Walker’s attorney sought to suppress the evidence and argued that Walker was unlawfully detained. The request was denied by the trial court and Walker later pled guilty.

The Supreme Court reversed and agreed with Walker, that the evidence should have been suppressed as the detention was unlawful. The Supreme Court argued that in order to justify a stop or detention, the sheriff’s deputy must have reasonable and articulable suspicion that some activity relating to a crime has taken place or is occurring or is about to occur, and the person being detained is involved in that criminal activity. The Supreme Court reasoned that when the sheriff’s deputy detained Walker it was based on the resemblance to the suspect. At no time, was there any reasonable suspicion to detain Walker because Walker was not involved in any criminal activity at the time he was detained.

If you or a loved one has been charged with a crime, contact our experienced criminal defense attorneys at Wallin and Klarich. Wallin & Klarich will help protect your rights and find the best defense strategy for your case. For over 30 years, our attorneys have been helping clients with all felony matters. Please call us at (888) 280-6839 or visit our website at We will be there when you call.

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