CALCRIM No. 2673. Pat-Down Search

Judicial Council of California Criminal Jury Instructions (2020 edition)

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2673.Pat-Down Search
An officer who has lawfully detained someone may conduct a carefully
limited search of the detained person’s outer clothing, in order to
discover whether that person has a weapon. The officer may conduct this
limited search only if he or she reasonably believes that the detained
person may be armed and dangerous.
[If, during the search, the officer finds an object that feels reasonably
like (a/an) (knife[,]/ [or] gun[,]/ [or] club[,]/ [or] <insert
specific type of weapon>), the officer may remove the object from the
person’s clothing.]
New January 2006
BENCH NOTES
Instructional Duty
The court may give this instruction on request.
AUTHORITY
• Stop and Frisk Permissible. Terry v. Ohio (1968) 392 U.S. 1, 30-31 [88 S.Ct.
1868, 20 L.Ed.2d 889]; People v. Scott (1976) 16 Cal.3d 242, 248 [128 Cal.Rptr.
39, 546 P.2d 327].
• Officer May Remove Object That Feels Like Typical Weapon. People v. Collins
(1970) 1 Cal.3d 658, 663 [83 Cal.Rptr. 179, 463 P.2d 403]; People v. Watson
(1970) 12 Cal.App.3d 130, 135 [90 Cal.Rptr. 483].
SECONDARY SOURCES
1 Witkin & Epstein, California Criminal Law (4th ed. 2012) Illegally Obtained
Evidence, § 306 et seq.
1 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 10,
Investigative Detention, §§ 10.01-10.06 (Matthew Bender).
2674-2679. Reserved for Future Use
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