Police officers' encounter with defendant was not consensual where they stood a few feet from each of his parked car's doors and shined two flashlights into the car simultaneously.
Court
California Courts of Appeal 2DCA/5Cite as
2024 DJDAR 2065Published
Mar. 8, 2024Filing Date
Mar. 7, 2024Opinion Type
ModificationDisposition Type
Reversed and RemandedCase Fully Briefed
Nov. 13, 2023Oral Argument
Jan. 2, 2024THE PEOPLE,
Plaintiff and Respondent,
v.
JEREMIAH PAUL,
Defendant and Appellant.
No. B320488
(Los Angeles County Super. Ct. No. BA485897)
California Court of Appeal
Second Appellate District
Division Five
Filed March 1, 2024
ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING
[NO CHANGE IN JUDGMENT]
THE COURT:
It is ordered that the opinion filed on February 14, 2024, is modified as follows:
On the caption page listing Howard R. Price as counsel for Defendant and Appellant delete, "under appointment by the Court of Appeal,".
On page 9, in the first full paragraph, second sentence, replace "an objective person to believe that he or she was suspected of wrongdoing," with "a reasonable person to believe he is not free to leave or otherwise disregard the police and go about his business,".
The petition for rehearing filed on February 28, 2024, by plaintiff and respondent is denied.
There is no change in judgment.
BAKER, Acting, P. J.
MOOR, J.
LEE, J.*
*Judge of the Superior Court of San Bernardino County, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.
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