In what circumstances have courts found that defendant was not under arrest at the time of the pat-down search?

California, United States of America

The following excerpt is from People v. Scott, 128 Cal.Rptr. 39, 16 Cal.3d 242, 546 P.2d 327 (Cal. 1976):

In the case at bar, by contrast, the trial court found that defendant was not under arrest at the time of the pat-down search; the offer to give him and his son a ride to San Francisco was a voluntary act; the officer had no reason to believe he was dealing with an armed and dangerous individual; and any consent given was in submission to authority. In the absence of a warrant, an arrest, or a consent to search, a heavy burden to show proper justification rested with the prosecution. (Cf. Badillo v. Superior Court (1956) 46 Cal.2d 269, 272, 294 P.2d 23.)

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