Can a search for weapons be used as a protective search?

MultiRegion, United States of America

The following excerpt is from Powell v. Stone, 507 F.2d 93 (9th Cir. 1974):

3 It is not contended that the search in this case could be justified as a protective search for weapons; prior to the search the arresting officer had no reason to believe appellant was 'an armed and dangerous individual.' Terry v. Ohio, 392 U.S. 1. 27, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968).

Other Questions


What is the test for determining whether a search conducted during a search of a vehicle by a search warrant has exceeded the permissible scope of a search? (MultiRegion, United States of America)
What is the test for a motion to dismiss a claim that a search conducted during a search of a person's home during which the search resulted in a violation of his right to privacy protection? (MultiRegion, United States of America)
What is the scope of a search warrant for a search of computers, computers, compact disks, hard drives, memory cards, and other digital devices pursuant to the search warrant? (MultiRegion, United States of America)
What is the test for a search warrant to search a suitcase, and what is the scope of the search? (MultiRegion, United States of America)
If a search of a vehicle was conducted in close proximity to the vehicle and prior to the search, can the search proceed because it was incident to the arrest? (MultiRegion, United States of America)
Can a defendant be convicted of possession of an assault weapon if they were convicted of the crime even though they did not know that the weapon was converted to an automatic weapon? (MultiRegion, United States of America)
When a warrant is issued for a search in the night is silent on the issue of night searches, can the issuing officer be persuaded to authorize a nighttime search? (MultiRegion, United States of America)
What is the test for qualified immunity in the context of a search of a home during which a police search resulted in a search warrant being issued for a drug dealer's home? (MultiRegion, United States of America)
Can a search warrant be used to search a bathroom in the course of a warrantless search triggered by screams? (MultiRegion, United States of America)
What is the test for establishing that a search conducted during search procedures during search and seizure was an intervening and superseding cause of criminal conviction? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.