What is the test for a search for weapons in a search warrant application?

California, United States of America


The following excerpt is from People v. Rosales, 211 Cal.App.3d 325, 259 Cal.Rptr. 503 (Cal. App. 1989):

The encounter was escalated by defendant's conduct which created an appearance of potential danger to the officer. When defendant suddenly put his hand into the bulging pocket, Officer Siragusa reasonably believed he was, or could be, reaching for a weapon. Certainly, at that point, the officer acquired sufficient grounds to justify a temporary detention to check for weapons. (People v. Lee (1987) 194 Cal.App.3d 975, 982-983, 240 Cal.Rptr. 32.)

[211 Cal.App.3d 331] We reiterate that our task is limited to measuring the facts as found by the magistrate against constitutional standards. (People v. Salzman, supra, 131 Cal.App.3d at p. 684, 182 Cal.Rptr. 748.) Defendant asserts that the magistrate disbelieved the

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