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Old January 29, 2010, 01:10 PM   #13
Junior member
Join Date: January 25, 2006
Location: Oak Harbor, WA
Posts: 1,719
Originally Posted by Gary L. Griffiths
They had PC to search you because you had a gun in your hand! How were they to know that's the only gun you had?
HOWEVER, that search MUST be limited under the 4th amendment to a frisk of the OUTSIDE of the clothing only to check for weapons for the purposes of OFFICER SAFETY only! They had no RAS to believe that he had anything illegal in his pockets. Had the officer's known the actual city ordinance or if they did know it, chose to honor it, they would have no RAS even for a Terry Stop and thus, no right to even a frist of the outside of the clothing.

Now, if during that frisk for officer safety they feel something that they have cause to believe is a dangerous weapon, then they remove that item from the pocket. And if that item turns out to be a crack pipe, too bad, so sad, it is not admissable as evidence IF they had no RAS to begin with of illegal drug activitiy.
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