People v. Horton (1971)

In People v. Horton (1971) 14 Cal.App.3d 930, the court of appeal stated: "However, driving along city streets, even at 1:15 in the morning, is not 'loitering.'. For all that Officer Winfrey knew, appellant could have been driving his two young passengers home from a theatre or other authorized place of amusement." In that case the hour was earlier; one person in the car was known not to be a juvenile; the officer had no information which would have precluded the possibility that the juveniles were being driven home from some legitimate activity; the curfew ordinance was more narrow than that involved here; and, significantly, the officer did not make the stop in reliance upon a curfew violation. He made the stop solely because the adult did not appear old enough to be the juveniles' parent or guardian.