Westlaw Headnote of the Day – November 12, 2010

November 12, 2010

West's Key 349 Searches and Seizures
West's Key 349I In General
West's Key 349k13 What Constitutes Search or Seizure
West's Key 349k13.1 k. In General.

349 Searches and SeizuresOfficer’s pulling up defendant’s excessively saggy, knee-level pants on decency grounds prior to conducting pat-search following valid investigatory stop did not constitute a “search” requiring additional justification; officer’s prohibiting defendant from raising his own pants was guided by a legitimate concern about her own safety, and by refusing to leave defendant’s pants hanging at his knees, she avoided potential claims that she unreasonably humiliated defendant by public exposure or by incidentally groping his inadequately covered genitalia during the planned pat-frisk.
State v. Wiggins, 788 N.W.2d 509 (Minn. Ct. App. Sept. 14, 2010)

Suggested by Addie Cheney; West Senior Product Developer