The motion also claims that the search couldn’t be a… safety search?
You’re thinking of a Terry stop.
Prosecution might argue is was a safety search […]
That would be the exigent circumstances exception, but you need more than just an assertion for that; you need a rational basis for claiming exigent circumstances.
You’re thinking of a Terry stop.
That would be the exigent circumstances exception, but you need more than just an assertion for that; you need a rational basis for claiming exigent circumstances.