Can a detainee who acts suspiciously during a traffic stop, causing the officer to fear for his safety, be searched?

California, United States of America


The following excerpt is from People v. Sanchez, 2d Crim. No. B281690 (Cal. App. 2018):

A detainee who acts suspiciously during a traffic stop, causing the officer to fear for his safety, may be searched. (See People v. Superior Court (Brown) 111 Cal.App.3d 948, 954-956 [person stopped to be given a traffic citation behaved peculiarly and resisted the stop; when a pat down search uncovered a gun in his waistband, he could be convicted as a felon in possession of a firearm].) Here, appellant refused three requests to leave his car for field sobriety tests, raised his fists, took a threatening "fighting stance," and was subdued with a taser.

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