What is the effect of the instant search on a minor?

California, United States of America


The following excerpt is from People v. Fernando B. (In re Fernando B.), G049085 (Cal. App. 2015):

The minor cites Santos v. Superior Court (1984) 154 Cal.App.3d 1178 to support his argument the instant search was illegal. However, in Santos, unlike the situation in the minor's case here, while there was evidence of a high crime area and the defendant acted suspiciously and did not have any identification, there was no evidence the defendant did anything to support a conclusion the officer feared for his safety. Nor did the officer testify he feared for his safety. (Id. at p. 1182.)

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