Can't Frisk Based On Domestic Violence Alone

A police report of "domestic violence" does not, by itself, give justification for the police to frisk a person for weapons.

 

Thomas v. Dillard, 2016 BL 106710, 9th Cir., No. 13-55889, 4/5/16

     The Ninth Circuit Court of Appeals ruled that a simple report of "domestic violence" cannot automatically give rise to a reasonable suspicion to frisk because domestic violence involves a broad array of crimes, many of which do not necessarily involve weapons.

     This is different from other crimes, like bank robbery or drug trafficking, which almost always involve weapons and automatically give investigators sufficient reasonable suspicion to stop and frisk.

http://www.bloomberglaw.com/public/desktop/document/Thomas_v_Dillard_No_1355889_2016_BL_106710_9th_Cir_Apr_05_2016_Co?1462979570