Is a police officer's decision not to perform a patdown search for officer safety considerations?
California, United States of America
The following excerpt is from People v. KEWELL, A127906, Napa County Super. Ct. No. CR147922 (Cal. App. 2011):
to ensure their safety is not determinative. "The judiciary should not lightly second-guess a police officer's decision to perform a patdown search for officer safety. The lives and safety of police officers weigh heavily in the balance of competing Fourth Amendment considerations." (People v. Dickey (1994) 21 Cal.App.4th 952, 957.)
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