In what circumstances will a driver be stopped and frisked by police?
California, United States of America
The following excerpt is from People v. Miller, C065279, Super. Ct. No. 10F00149 (Cal. App. 2011):
In People v. Medina (2003) 110 Cal.App.4th 171 (Medina), the court held a driver could not lawfully be detained and frisked, "as a matter of standard procedure and in the name of "'officer safety, '" solely because the stop occurred in a high-crime area at night. (Id. at p. 174.) As in the other cases we
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have discussed, the officer failed to articulate any specific facts suggesting the defendant was armed. (Id. at p. 175.)
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