In Re: Jeremiah S. – Patdown

In Re: Jeremiah S., California Court of Appeal, October 18, 2019

Summary: The victim of a purse snatching reported that her purse and phone had been taken by two Black males.  A ping of the phone traced it to the area where Defendant was found.  Officers conducted a patdown search and located the phone.  Defendant argued that the patdown search was illegal.  The Court of Appeal agreed, stating: “the officer who conducted the patsearch did not present specific and articulable facts to support a reasonable suspicion that Jeremiah was armed and dangerous. In so concluding, we decline to recognize a rule that would essentially validate any patsearch of a suspected robber who is lawfully detained following a report of a fresh robbery, regardless of the particular circumstances.”

Sample Motion in Limine: Download

Court Opinion: Download

Keywords: Patdown, Search, Suppress, Probable Cause

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