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PEOPLE v. OTTO

Docket No. 78-5021.

91 Mich. App. 444 (1979)

284 N.W.2d 273

PEOPLE v. OTTO

Michigan Court of Appeals.

Decided July 23, 1979.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward R. Wilson, Principal Attorney, Appeals, and Timothy A. Baughman, Assistant Prosecuting Attorney, for the people.

Legal Aid and Defender Association of Detroit (by Craig A. Daly), for defendant on appeal.

Before: N.J. KAUFMAN, P.J., and ALLEN and K.B. GLASER, JJ.

ALLEN, J.

Where an officer stops a hitchhiker on the freeway in violation of MCL 257.679a; MSA 9.2379(1) and, in lieu of issuing a citation under MCL 257.728; MSA 9.2428, intends to transport the hitchhiker in the officer's patrol car off the freeway so that he can continue to hitchhike legally, can the officer conduct a pat-down search for weapons prior to having the hitchhiker enter the patrol car in the absence of any showing of specific and articulable facts that...

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