The People, Plaintiff and Respondent v. Richard Lacy Letner and Christopher Allan Tobin, Defenda — Kennard, J…

Summary

Justice Kennard's dissent concludes that the officer lacked reasonable suspicion to stop and detain defendants based primarily on their slow driving, the wet vehicle, and speculative concerns that the car had been stolen. She would further hold that evidence linking defendants to the murder was obtained as a fruit of the unlawful detention and that its admission was not harmless beyond a reasonable doubt. Justice Werdegar, concurring in part and dissenting in part, agreed the stop was unlawful but would affirm because the error was harmless beyond a reasonable doubt, while Justice Moreno joined her opinion.