In what circumstances have the courts found that a search for weapons was conducted in a "pat down" or "search for weapons" without consent?

California, United States of America


The following excerpt is from People v. Rice, 259 Cal.App.2d 399, 66 Cal.Rptr. 246 (Cal. App. 1968):

In People v. Randal, 226 Cal.App.2d 105, 108, 37 Cal.Rptr. 809, there was a 'pat down,' which seemed to have given no occasion for a further search of defendant's person.

In People v. Koelzer, 222 Cal.App.2d 20, 34 Cal.Rptr. 718, the method employed in searching for weapons was not described; there was removed from defendants' persons a pair of wire-cutting pliers, among other things.

In People v. Jones, 176 Cal.App.2d 265, 1 Cal.Rptr. 210, the officer, in running his hands over defendant's outer garments, felt what was discovered to be an automatic pistol.

In People v. McGlory, 226 Cal.App.2d 762, 764, 38 Cal.Rptr. 373, a search for weapons was begun before one of the persons to be searched voluntarily produced contraband that caused a visible bulge between her breasts.

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