In re Francis W

In In re Francis W. (1974) 42 Cal.App.3d 892, the same Court of Appeal which rendered the decision in Horton upheld a curfew stop in a situation substantially similar to this one. In that case a Merced police officer stopped a vehicle driving along a city street because he believed it to contain three juveniles, and the time (2:50 a.m.) was after curfew. The court distinguished Horton because the officer had subjectively relied upon a curfew violation in making the stop and because the curfew involved was broader than the one in Horton. (42 Cal.App.3d at pp. 900-901.)