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U.S. v. I.E.V.

No. 11-10337.

705 F.3d 430 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. I.E.V., Juvenile Male, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 28, 2012.

Attorney(s) appearing for the Case

John D. Kaufmann , Tucson, Arizona, for Appellant.

Craig H. Russell , Office of the United States Attorney, Tucson, Arizona, for Appellee.

Opinion by Judge N.R. SMITH; Dissent by Chief Judge KOZINSKI.

OPINION

N.R. SMITH, Circuit Judge:

Where an officer reasonably believes that "the persons with whom he is dealing may be armed and presently dangerous," the officer may conduct a frisk or "pat-down" search of that person. Terry v. Ohio, 392 U.S. 1, 30, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). For a frisk to be valid, under this exception to the general rule requiring probable...

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