The PEOPLE, Plaintiff and Respondent,
v.
Luis Acevedo GARCIA, Defendant and Appellant.
Court of Appeal of California, Second District, Division Six.https://leagle.com/images/logo.png
December 14, 2006.
December 14, 2006.
Attorney(s) appearing for the Case
Kenneth I. Clayman, Public Defender and Michael C. McMahon, Chief Deputy Certified Appellate specialist, for Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Ana R. Duarte, Supervising Deputy Attorney General, Thomas C. Hsieh, Deputy Attorney General, for Plaintiff and Respondent.
Court of Appeal of California, Second District, Division Six.
YEGAN, Acting P.J.
The celebrated case of Terry v. Ohio (1968) 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889, allows the police to perform a "pat down search" for weapons where there is reason to believe that the person is armed and dangerous. This rule cannot be morphed into a new rule to justify a search for ordinary evidence, here evidence of identification. We reverse. As we shall explain, nothing in either the letter or spirit...
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