Does a search of a passenger's pocket by a deputy result in a search that would have resulted in the discovery of a gun?
California, United States of America
The following excerpt is from People v. E.G. (In re E.G.), A152332 (Cal. App. 2019):
/s/_________
POLLAK, P. J.
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TUCHER, J.
Footnotes:
1. Appellant does not challenge the validity of the traffic stop. (People v. Hester (2004) 119 Cal.App.4th 376, 386.)
2. As a threshold matter, a pat search of the front of defendant's pocket likely would have led the deputy to feel the gun concealed therein, which would in turn have resulted in its discovery. Accordingly, defendant's argument in favor of a pat search does not advance his effort to suppress the gun. (People v. Loudermilk (1987) 195 Cal.App.3d 996, 1004.)
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