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PEOPLE v. MEDINA

No. B159372.

1 Cal.Rptr.3d 546 (2003)

110 Cal.App.4th 171

The PEOPLE, Plaintiff and Respondent, v. Roman MEDINA, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

July 3, 2003.

Attorney(s) appearing for the Case

Geri Lynn Green, San Francisco, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Susan D. Martynec, Supervising Deputy Attorney General, Suzann E. Papagoda, Deputy Attorney General, for Plaintiff and Respondent.

PERREN, J.

May officers, as a matter of standard procedure and in the name of "officer safety," detain and frisk a driver stopped for an equipment infraction solely on the basis that the stop occurs in a high crime area at night? Here we conclude that the Fourth Amendment does not permit such an intrusion and that any incriminating evidence flowing from the illegal contact, which may include statements made by the driver...

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