CA9: Long protective weapons search wasn’t justified by RS weapons could be found

“Although Officers Ellis and Prince may have reasonably believed that Perryman and his cousin, Anthony Perryman (“Anthony”), were dangerous, the evidence does not support the district court’s conclusion that the officers reasonably believed that Perryman or Anthony would gain immediate control of weapons in the car. Before the search, the officers secured Perryman and Anthony, handcuffed them, and placed Perryman in a patrol car and Anthony by the curb. There was thus no immediate risk that Perryman or Anthony would gain control of weapons at the time the search was conducted. [¶] Any risk that Perryman and Anthony would return to the car and gain immediate access to weapons is contingent on facts that did not exist at the time of the search.” United States v. Perryman, 2017 U.S. App. LEXIS 23085 (9th Cir. Nov. 16, 2017).

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