What is the test for a search for weapons in an arrest for a traffic offence?

California, United States of America


The following excerpt is from Taylor v. Superior Court In and For San Bernardino County, 275 Cal.App.2d 146, 79 Cal.Rptr. 677 (Cal. App. 1969):

People v. Graves, 264 A.C.A. 679, 681--683, 70 Cal.Rptr. 509, applies the same test for a search for weapons to an arrest for a traffic offense and takes judicial knowledge of the fact that police officers have been killed or assaulted while making arrests for traffic offenses. As was said in People v. Stewart, 189 Cal.App.2d 176, 179, 10 Cal.Rptr. 879, 881, '* * * Any officer who, when arresting an unknown person, fails to [275 Cal.App.2d 150] search that person before

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