In what circumstances have courts found that a detective violated the Fourth Amendment by carrying out a search on a man during a traffic stop?
MultiRegion, United States of America
The following excerpt is from Farkas v. Williams, 823 F.3d 1212 (9th Cir. 2016):
20 United States v. Redlightning , 624 F.3d 1090, 1103 (9th Cir. 2010) (quoting United States v. Kim , 25 F.3d 1426, 1430 (9th Cir. 1994) ). In his complaint, Farkas alleged that the detective also violated his Fourth Amendment rights with a pat-down search, and the district court summarily adjudicated this claim in the detective's favor. On appeal, Farkas concedes that the search was constitutional.
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