In what circumstances will a police officer not pat down the driver and passenger of a car at a traffic stop?
California, United States of America
The following excerpt is from People v. Collier, 166 Cal.App.4th 1374, 83 Cal. Rptr. 3d 458 (Cal. App. 2008):
In the context of an ordinary traffic stop, an officer may not pat down a driver and passengers absent a reasonable suspicion they may be armed and dangerous. (Knowles v. Iowa (1998) 525 U.S. 113, 118 [142 L.Ed.2d 492, 498, 119 S.Ct. 484].) But this was no ordinary traffic stop. The officers smelled marijuana and asked the driver and passenger to step out so they could search the car interior.
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