Is a search and seizure of a suspect's gun a constitutional violation?

California, United States of America


The following excerpt is from People v. Turner, 161 Cal.Rptr.3d 567 (Cal. App. 2013):

him were, under the circumstances, reasonably necessary in their investigation to determine whether defendant was armed. Their conduct was not so intrusive or unreasonable as to have constituted a de facto arrest. J.L. is factually distinguishable and does not compel the conclusion that the detention here was unlawful. After balancing the societal interest served by the detention against the individual's right to personal security free from arbitrary interference by law officers' ( Brown v. Texas, supra, 443 U.S. at p. 50, 99 S.Ct. 2637), we conclude that the detention here was constitutionally permissible.

Other Questions


Does a search and seizure resulting from an arrest without a warrant or search warrant violate the constitutional guarantees? (California, United States of America)
Can a search warrantless search of the clothing of a suspect subject to a search conducted during a patdown of the person's outer clothing? (California, United States of America)
What is the test for determining whether a search warrant can be used to determine whether or not a search and seizure of a suspect was unlawful? (California, United States of America)
Does the search of a person by a search warrant constitute a search of the person? (California, United States of America)
Under what circumstances will a search warrant be used to search a vehicle of a convicted drug dealer's vehicle in violation of the terms of search warrant? (California, United States of America)
How have courts dealt with the issue of search and seizure of weapons in cases involving minor traffic violations and a minor traffic violation? (California, United States of America)
When a police officer searches a knapsack of a suspect in a search for drugs, what is the limitation of the search warrant? (California, United States of America)
If a search warrant was obtained during a search and seizure of a shotgun, would the search warrant be invalid as fruit of the poisonous tree? (California, United States of America)
Can a police officer give reasonable articulable facts justifying his seizure and patdown of a suspect during a search and seizure? (California, United States of America)
Does a seizure constitute a seizure when the seizure occurs as a result of a consensual sexual encounter? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.