What is the test for a search for weapons by a police officer in a vehicle accident?

California, United States of America


The following excerpt is from People v. Carrillo, G038220 (Cal. App. 3/5/2008), G038220 (Cal. App. 2008):

In order to search for weapons, the "officer must be able to point to specific and articulable facts" "together with rational inferences" that reasonably support a suspicion that the suspect is armed and dangerous. (Terry v. Ohio, supra, 392 U.S. at p. 20, fn. omitted.) "The officer need not be absolutely certain that the individual is armed; the issue is whether a reasonably prudent [person] in the circumstances would be warranted in the belief that his [or her] safety or that of others was in danger. [Citations.]" (Id. at p. 27, fn. omitted.)

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