What is the test for denying a motion to frisk a defendant in a civil case?
California, United States of America
The following excerpt is from People v. Zupan, C055579 (Cal. App. 8/22/2008), C055579 (Cal. App. 2008):
Therefore, not only was defendant's scenario implausible, it is not reasonably probable he would have obtained a better result had he been able to show that he had been frisked: The evidence that he personally fired the gun was overwhelming. (See People v. Samuels (2005) 36 Cal.4th 96, 110 [incorrect denial of Pitchess motion is reviewed under state-law standard of harmless error].)
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