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Name: People v. Medina
Case #: B159372
Opinion Date: 07/03/2003
Division: 6
Citation: 110 Cal.App.4th 171

A driver who is stopped for a traffic infraction at night in a high crime area may not be patted down for weapons as a matter of standard procedure on the grounds of officer safety. Here a driver was stopped for a broken taillight and ordered out of the car. The officer acknowledged that there was nothing specific which led him to believe the driver was armed. When the officer grabbed the defendant’s hands and asked if there were any weapons, sharp objects, or “anything he should know of” prior to a pat-down search, defendant replied he had rock cocaine in his pocket. The court concluded defendant’s statement was a product of the illegal search, since among other things, the officer’s question did not indicate he was going to limit his search to one for weapons.