What is the right of a police officer to search the outer clothing of an armed man in the street?

California, United States of America


The following excerpt is from People v. Serrano, E071551 (Cal. App. 2020):

and makes reasonable inquiries, and where nothing in the initial stages of the encounter serves to dispel his reasonable fear for his own or others' safety, he is entitled for the protection of himself and others in the area to conduct a carefully limited search of the outer clothing of such persons in an attempt to discover weapons which might be used to assault him." (Id. at p. 30; accord Florida v. J.L. (2000) 529 U.S. 266, 270.)

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