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Name: People v. Bernard
Case #: F085546
Opinion Date: 20240712
Attorney: Toni L. White
Summary

An officer found defendant asleep at the wheel of his car, which was parked at a gas pump, with the car still in drive. Appellant complied with orders to exit the car. The officer noted defendant was wearing “baggy jeans, [a] baggy shirt, and [a] baggy jacket.” The officer decided to conduct a patdown search of defendant’s person after he exited the truck. Based on the officer’s experience, people with heavy clothing can easily conceal weapons. As a result of the search, the officer found a firearm in defendant’s pocket. The court agreed with defendant the trial court erred in denying his motion to suppress evidence obtained during the patdown search of his person as there were no articulable facts to create a reasonable suspicion defendant was armed or dangerous.