California, United States of America
The following excerpt is from People v. Wilson, H040313 (Cal. App. 2014):
Nervousness and signs of being under the influence did not justify a pat search for weapons during a daytime traffic stop in People v. Adam (1969) 1 Cal.App.3d 486 (Adam). In that case, two officers stopped the defendant's vehicle. (Id. at p. 487.) The officers asked the defendant to step out of the car upon noticing that his pupils were dilated and his speech was slurred. One officer then performed a pat search. The trial court found the pat search was not justified, and the appellate court agreed there were no facts to support a finding that the searching officer reasonably thought he was in danger: "We have a daylight encounter, between a young man, possibly under the influence of something, alone and apparently cooperative, with two police officers who were presumably armed." (Id. at p. 492.)
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