Reference no: EM133243409

Case - On December 17, at approximately 1:00 a.m., Oceanic City Probation Officer Buck Rogers received an anonymous tip that probationer Ralph Cramden was unlawfully in possession of a handgun. Ralph was on felony probation for possession of methamphetamine. As a condition of probation, the judge ordered that, "the defendant, his property and his home be subject to a search, day or night, with or without a warrant, with or without probable cause or reasonable suspicion." Officer Rogers noticed that the Ralphs' last listed address was the Happy Haven Apartments in Oceanic City, California.

At 1:30 a.m., Officer Rogers left his office and drove towards the Happy Haven Apartments with the intent to conduct a probation search.

At approximately 2:00 a.m., Oceanic City Police Officer Tammy Magnum was cruising through the parking lot of the Happy Haven Apartments. Happy Haven was notorious as a "high crime" area where illegal drugs were sold. Officer Magnum had caught people selling drugs at Happy Haven five times during the last month. Each time she caught someone selling drugs, she found that they were armed with either a handgun or a knife. Her training taught her that drug dealers often carried weapons because of the risk of robbery during a drug transaction.

Officer Magnum saw Ralph Cramden enter from the street and walk onto the parking lot. The officer shined her vehicle's spotlight on the Ralph. Ralph was wearing a hooded sweatshirt and was carrying a shoulder bag. Ralph kept walking across the parking lot. He did not look at Officer Magnum and, instead, he pulled his hood to cover his face.

Officer Magnum drove her patrol car towards Ralph. Her spotlight was still trained on him. Ralph started to walk faster but was not running.

Officer Magnum lower her vehicle window and said, "Hey you! May I talk with you for a minute?" She did not use her takedown (red) light or sirens. Her spotlight was still illuminating Ralph.

In response to Officer Magnum's utterances, Ralph stopped walking. At that point, Alice Cramden came out of her apartment and joined Ralph.

Officer Magnum alighted from her patrol vehicle and asked Ralph, "What's in the bag?" Pointing at the shoulder bag, Alice said, "That's my bag. I let him use it all the time. It's kind of more like our bag than my bag since we both use it, but I bought it. My insulin is inside the bag and I need it right now. I am about to go into insulin shock." The officer looked at Ralph and said, "Before you can take the bag and go home, I need to check it for illegal drugs and weapons. Do you consent to a search?" Ralph exclaimed, "No."

The officer turned to Alice and said, "Do you consent to a search?" Alice responded, "I need my insulin right now. I'm about to go into shock!" The officer noticed that Alice was trembling and sweating - typical symptoms of insulin shock. The officer replied, "You can have your bag and go home as soon as I check it. Do you give consent?" Ralph yelled, "Don't do it!" Alice answered, "Yes. I need my meds right now! Go ahead and search my bag."

At that moment, probation officer Rogers arrived at the Happy Haven Apartments to conduct his probation search of Ralph. However, he decided to not approach officer Magnum, Ralph or Alice. Instead, he stayed away and merely observed what was transpiring.

Alice handed the shoulder bag to the Officer Magnum. When the officer opened the bag, she found the insulin kit and handed it to Alice. She also saw a handgun. The handgun was a Ruger P92 .40 caliber semiautomatic. When the officer checked the handgun, she found that it was loaded. She asked who owned the gun. Both Alice and Ralph refused to answer and said they wanted a lawyer.

At this moment, probation officer Rogers approached and assisted in the arrest. The officers arrested Ralph and took him to the county jail.

The prosecutor charged Ralph with violating Cal. Penal Code, § 25400, subd. (a) ("carrying a concealed firearm") and Cal. Penal Code, § 29800, subd. (a) ("felon in possession of a firearm").

The officer noticed that Alice was trembling and sweating - typical symptoms of insulin shock. The officer replied, "You can have your bag and go home as soon as I check it. Do you give consent?" Ralph yelled, "Don't do it!" Alice answered, "Yes. I need my meds right now! Go ahead and search my bag."

At that moment, probation officer Rogers arrived at the Happy Haven Apartments to conduct his probation search of Ralph. However, he decided to not approach officer Magnum, Ralph or Alice. Instead, he stayed away and merely observed what was transpiring.

Alice handed the shoulder bag to the Officer Magnum. When the officer opened the bag, she found the insulin kit and handed it to Alice. She also saw a handgun. The handgun was a Ruger P92 .40 caliber semiautomatic. When the officer checked the handgun, she found that it was loaded. She asked who owned the gun. Both Alice and Ralph refused to answer and said they wanted a lawyer. At this moment, probation officer Rogers approached and assisted in the arrest. The officers arrested Ralph and took him to the county jail.

The prosecutor charged Ralph with violating Cal. Penal Code, § 25400, subd. (a) ("carrying a concealed firearm") and Cal. Penal Code, § 29

LAW: Cal. Penal Code, § 25400, subd. (a) provides that: "A person is guilty of carrying a concealed firearm when the person does any of the following: ... (2) Carries concealed upon the person any pistol, revolver, or other firearm capable of being concealed upon the person."

Cal. Penal Code, § 29800, subd. (a) provides that, "Any person who has been convicted of a felony under the laws of the United States, the State of California, or any other state, government, or country, or ..., and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony."

QUESTIONS - Assuming that Ralph was detained, did the detention violate the Fourth Amendment? In answering,

1. Explain what is required for a lawful "stop".

2. Explain whether the officer conducted a lawful "stop".