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