California, United States of America
The following excerpt is from People v. Rogers, A132660 (Cal. App. 2013):
Defendant cites People v. Sandoval (2008) 163 Cal.App.4th 205, which also involved a probation search; but it is distinguishable on its facts. There, the police conducted a probation search of a residence where they believed narcotics were being sold. (Id. at p. 208.) When they arrived to conduct the search, they found the defendant, who was known to one of the officers for previous drug arrests, sitting on the steps of the residence smoking a cigarette. (Ibid.) The police conducted a patdown search and found a stun gun, a fixed-blade knife, and methamphetamine. (Id. at p. 209.) The court held that the patdown search was unlawful because the officer had no reason to believe defendant was armed and did not suspect that the defendant was engaged in any criminal activity. (Id. at p. 212.)
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