California, United States of America
The following excerpt is from People v. Rodriguez, E070044 (Cal. App. 2019):
police officer, where he [or she] has reason to believe that he [or she] is dealing with an armed and dangerous individual." (Id. at p. 27.) A patdown search for weapons is justified if "a reasonably prudent [officer] in the circumstances would be warranted in the belief that his [or her] safety or that of others was in danger." (Ibid.) "[T]he police officer must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant" the search. (Id. at p. 21.) "The judiciary should not lightly second-guess a police officer's decision to perform a patdown search for officer safety. The lives and safety of police officers weigh heavily in the balance of competing Fourth Amendment considerations. [Citations.]" (People v. Dickey (1994) 21 Cal.App.4th 952, 957.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.