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Appeals court hears dispute over passenger pat-frisk after traffic stop in Commonwealth v. Tavares
Summary
The Appeals Court heard argument on whether officers had the individualized reasonable suspicion required to pat-frisk a passenger after a traffic stop where the driver was reported to have brandished a firearm.
The panel considered whether the police had particularized reasonable suspicion to pat-frisk a passenger during a traffic stop after officers detained and frisked the driver who was reported to have brandished a firearm.
Attorney Cass Luskin argued the stop and exit order were lawful, but that the pat-frisk of his client (the passenger) required a separate showing of individualized suspicion to believe the passenger was armed and dangerous under Torres Pagan and related precedent. Luskin pointed to the…
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