What is the basis for a pat-search for weapons?
California, United States of America
The following excerpt is from People v. Nay, H040384 (Cal. App. 2016):
Even if we assume for the sake of discussion that defendant's loose clothing, confrontational attitude, and presence in a high-crime area justified a pat-search for weapons (e.g. People v. Rios (2011) 193 Cal.App.4th 584, 599), still the officer articulated no basis for removing what felt to him like "a large glass pipe in his front pocket."
"The most advanced legal research software ever built."
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.
Other Questions
What is the difference between a dangerous weapon and a deadly weapon? (California, United States of America)
What is the test for brandishing a weapon under the elements test of assault with a deadly weapon? (California, United States of America)
What is the test for determining whether a prior assault with a deadly weapon was an assault with deadly weapon or an assault by means of force likely to produce great bodily injury? (California, United States of America)
Does a jury have to consider the definition of "deadly weapon" in their instructions to the jury on the crime of assault with a deadly weapon? (California, United States of America)
When a knife is not a murder weapon but is otherwise relevant to the crime's commission, but is not the actual murder weapon? (California, United States of America)
In what circumstances have the courts found that a search for weapons was conducted in a "pat down" or "search for weapons" without consent? (California, United States of America)
What is the test for negating a finding that a jury found a defendant guilty on a different basis than on the basis of reasonable doubt? (California, United States of America)
Does a probation condition prohibit a defendant from knowingly being in any building or vehicle where there is a dangerous or deadly weapon or near anyone who possesses such a weapon? (California, United States of America)
Can a defendant be punished for both illegal possession of a weapon and assault with a deadly weapon under section 654 of the California Criminal Code? (California, United States of America)
For the purposes of determining whether there was a factual basis for instructing a teacher on non-forcible oral sex, what is the legal basis for that instruction? (California, United States of America)
