In what circumstances will a search of a defendant's clothing result in an illegal search?

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. Martines, 228 Cal.App.2d 245, 39 Cal.Rptr. 526, an officer made a superficial search of the outside of the defendant's clothing and felt a hard object like a knife; he could not feel a blade; the object was about three inches long; the officer then put his hand in the pocket and pulled out what felt like a wad of paper consisting of nine marijuana cigarettes; the knife was then removed. That was held to be an illegal search.

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