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PEOPLE v. SCOTT

Docket No. Crim. 18693.

16 Cal.3d 242 (1976)

546 P.2d 327

128 Cal. Rptr. 39

THE PEOPLE, Plaintiff and Respondent, v. STEVEN VANCE SCOTT, Defendant and Appellant.

Supreme Court of California. In Bank.

February 24, 1976.

Attorney(s) appearing for the Case

COUNSEL

Judd Riley Scott for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, Derald E. Granberg, Clifford K. Thompson, Jr., and Ann K. Jensen, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

MOSK, J.

The issue on this appeal is whether a police officer who proposes to give a private citizen a lift in his patrol car can lawfully subject him to a nonconsensual pat-down search for weapons when the individual is not under arrest and the officer has no duty to transport him and no reason to believe he is armed and dangerous. As will appear, we conclude that a search in such...

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