· 9/12/2002
United States v. Jose Antonio Casado
Citations
- 303 F.3d 440
- 2002 U.S. App. LEXIS 18738
- 2002 WL 31045141
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a pat down search was less intrusive than reaching into the detainee’s pocket to remove an item
- “We do not exclude the possibility that in some circumstances a patdown is not required.”
- where “[t]he less intrusive alternative of a frisk was obvious, commonly employed, and would have been effective” to ensure officer safety, a pocket search was unreasonable
- “[W]e agree with the general principle that a patdown is not the only type of search authorized by Terry, and that there are circumstances in which a patdown is not required.”
- officer's search was properly limited in scope where he \patted down the outer clothing of [the suspects]” and \did not place his hands in their pockets or under the outer surface of their garments until he had felt weapons”
- finding \[defendant] was seized when [the officer] grabbed his hand\
Source: CourtListener parenthetical corpus (CC0).
Judges: Kearse, Sack, Parker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.