Is a police officer entitled to search the outer clothing of a person in search of weapons?

California, United States of America


The following excerpt is from People v. Montanez, B214748 (Cal. App. 12/7/2009), B214748 (Cal. App. 2009):

"[W]here a police officer observes unusual conduct which leads him reasonably to conclude in light of his experience that criminal activity may be afoot and that the persons with whom he is dealing may be armed and presently dangerous, where in the course of investigating this behavior he identifies himself as a policeman 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." (Terry v. Ohio (1968) 392 U.S. 1, 30.)

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