What is the current state of the law on the right of search and seizure of a detained person?

California, United States of America


The following excerpt is from People v. Parrott, 10 Cal.App.5th 485, 216 Cal.Rptr.3d 208 (Cal. App. 2017):

However, the right to conduct a patdown search of a detained person requires a separate type of suspicion. A detained person may be searched "[w]hen an officer is justified in believing that the individual whose suspicious behavior he is investigating at close range is armed and presently dangerous to the officer or to others." (Terry v. Ohio (1968) 392 U.S. 1, 24, 88 S.Ct. 1868, 20 L.Ed.2d 889.) In this regard, an officer may conduct a patdown search to determine whether the detained person is in fact carrying a weapon. (Ibid . )

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