Companion with Gun May Provide Reasonable Suspicion for Pat-Down By Jack Ryan In Rajaee El-Amin v. Commonwealth of Virginia, 2005 Va. LEXIS 17 (2005), the Supreme Court of Virginia considered the authority of a police officer to conduct a pat-down of a subject based upon their association with a subject found to be in possession of a firearm. While the court declined to adopt an “automatic companion” rule, the court found that the close association with a subject found to be in possession of a gun, would be a factor in supporting a pat-down search. “On the evening of August 4, 2000, the Richmond Police received an anonymous tip that six young black males were at the corner of Front Street and Fifth Avenue smoking marijuana.” Upon arriving, the officers observed 4 black males and approached them, asking if they could speak to them Two of the males came to the police while two remained in the background. When two other officers arrived, a subject who had remained in the background with El- Amin, turned away from the officers and reached in
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This document was uploaded on 10/27/2011 for the course CRIM 202 at Rutgers.