CO: Motorist seeking aid can be required to submit to patdown w/o RS to get into police car

A motorist who sought assistance, and without reasonable suspicion, can be required to be patted down before the motorist gets in the police car. People v. Gow, 2016 COA 119, 2016 Colo. App. LEXIS 1176 (Aug. 25, 2016), op. mod. 2016COA119M, 2016 Colo. App. LEXIS 1280 (Aug. 25, 2016):

[*P2] We hold that there is no affront to the Fourth Amendment when a police officer requires a person who has voluntarily sought assistance, but whom the officer has no duty to assist, to undergo a pat-down search as a condition of entering a police vehicle, even when the officer does not have a reasonable, articulable suspicion that the person is armed and dangerous.

[*P3] In so holding, we necessarily disagree with People v. Berdahl, 310 P.3d 230, 2012 COA 179, in which another division of this court held that to justify a warrantless pat-down search of an individual before allowing entry into a police vehicle, an officer must have a reasonable, articulable basis to conclude that the person is armed and dangerous. While we give considerable deference to decisions of other divisions of this court, we are not bound by those decisions. See e.g., People v. Frye, 356 P.3d 1000, 2014 COA 141, ¶ 12. Because we believe that Berdahl reaches a result not required by the Fourth Amendment or any binding authority, we decline to follow it.

[*P4] Given our holding, we reject the argument of defendant, Tommy Allen Gow, challenging the admission of evidence discovered during a pat-down search, and we affirm the judgment of conviction.

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