California, United States of America
The following excerpt is from People v. Coulombe, 102 Cal.Rptr.2d 798, 86 Cal. App. 4th 52 (Cal. App. 2000):
Here the receipt of two independent tips from citizens, very close in time, describing in a similar manner the criminal activity (possession of a firearm) and suspect's physical attributes and location, as well as the fact-to-face nature of the encounter between the informants and the police, provide sufficient reliability to the information supplied to support the officers' reasonable suspicion that criminal activity was indeed afoot, that defendant was connected with it and that defendant was presently armed. The circumstances of the criminal activity-possession of a firearm in a very large crowd of people during a New Year's Eve celebration, were sufficiently dangerous so as to require less reliability than that required in Florida v. J.L., supra, 120 S.Ct. 1375. The officers were thus legally justified in pat-searching defendant for officer safety; their conduct was reasonable under the Fourth Amendment. Indeed, the officers here would have been derelict in their duty if they had not acted quickly to ascertain if defendant was indeed armed with a firearm, under the circumstances presented. We see no other reasonable course of action they could have taken to make that determination, without risking injury to themselves or those in the surrounding crowd, other than the one they engaged in. Thus the trial court erred in granting defendant's motion to suppress pursuant to section 1538.5 and in dismissing the charges.
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