Under what circumstances will the police be able to search and frisk an individual who has been detained under the Mental Health Act?
California, United States of America
The following excerpt is from The People v. Khan, B216452, No. SA065628 (Cal. App. 2010):
Even absent probable cause for arrest, when the circumstances warrant a reasonable suspicion that an individual whom the police have lawfully, temporarily detained for investigation is armed and dangerous, the police may perform a limited search of the individual, by way of patdown or frisk, to determine whether the person is in fact carrying weapons. (Arizona v. Johnson (2009)_____U.S._____, _____ [129 S.Ct. 781, 784,
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