People v. Loewen

In People v. Loewen, (1983) 35 Cal.3d 117, an officer testified that one of the reasons he detained the defendant was because the defendant and his companion "looked away" when they drove by the officer. The officer further testified that "their failure to continue looking at him was suspicious because 'most people have a habit of looking at a patrol car when they pass it.'" (Id. at. p. 126.) The Court found that there was nothing suspicious about the defendant's behavior, noting that "'"there are many reasons other than guilt . . .why"' drivers and passengers of vehicles who fail to fix their vision on a uniformed officer conducting what appears to be a routine traffic investigation alongside a local highway. A contrary rule would lead to the characterization of most innocent behavior as criminal." (Ibid.) The Court went on to rule that the defendant's failure to make eye contact with the officer was "without consequence," emphasizing that the officer "admitted that neither occupant ducked, hid his face from the officer's view, or made any other 'suspicious' movements. There was no evidence that anything 'was being concealed, disposed of, exchanged, or even carried.'" (Loewen, supra, 35 Cal.3d at p. 127.)