What is the test for determining whether a search conducted during a search was justified?

California, United States of America


The following excerpt is from People v. Hudnut, H045536 (Cal. App. 2019):

Defendant also argues that the patsearchwhich he concedes did not extend the detention beyond the time necessary to confirm his identitywas illegal. "Since we conclude that [the officers] had reasonable grounds to detain defendant" and that the detention was not unreasonably prolonged, we "need not consider whether the pat-search was justified because it yielded nothing incriminating" and did not extend the duration of the detention. (People v. Fisher (1995) 38 Cal.App.4th 338, 345-346.)

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