Is a handgun seized during a pat-down search a valid search and seizure and therefore inadmissible?

California, United States of America


The following excerpt is from People v. Duren, 107 Cal.Rptr. 157, 507 P.2d 1365, 9 Cal.3d 218 (Cal. 1973):

Defendant next contends that the gun, taken from his person in San Diego, was the product of an illegal search and seizure and was therefore inadmissible. The record shows, however, and the trial court found, that the gun was taken in a pat-down search properly conducted following a justifiable detention. (See Cunha v. Superior Court, 2 Cal.3d 352, 355--356, 85 Cal.Rptr. 160, 466 P.2d 704; People v. Davis, 260 Cal.App.2d 186, 188--189, 67 Cal.Rptr. 54.)

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