Legal Opinion
People v. Garcia
California Court of Appeal
Decided December 14, 2006No. B187453PublishedCited by 5 opinions
1Opinion of the Court
Opinion
YEGAN, Acting P. J.
The celebrated case of Terry v. Ohio (1968) 392 U.S. 1 [20 L.Ed.2d 889, 88 S.Ct. 1868], allows the police to perform a “patdown search” for weapons where there is reason to believe that the person is armed and dangerous. This rule cannot be “morphed” into a new rule to justify a search for ordinary evidence, here evidence of identification. We reverse. As we shall explain, nothing in either the letter or spirit of Terry v Ohio, supra, 392 U.S. 1 [20 L.Ed.2d 889, 88 S.Ct. 1868] can be used as a springboard to justify a “patdown” search for identification.
Luis Acevedo…
2Cases cited16 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Sibron v. New YorkSupreme Court of the United States · 1968
- Auto Equity Sales, Inc. v. Superior CourtCalifornia Supreme Court · 1962
- People v. LawlerCalifornia Supreme Court · 1973
- Bielicki v. Superior CourtCalifornia Supreme Court · 1962
11 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. H.M.California Court of Appeal · 2008
- In Re HMCalifornia Court of Appeal · 2008
- In re D.C. CA2/2California Court of Appeal · 2015
- In re S.P. CA4/2California Court of Appeal · 2013
- People v. Choto CA6California Court of Appeal · 2015