What is the test for a search warrant for possession of a firearm under the Mental Health Act?
California, United States of America
The following excerpt is from People v. Posey, B248786 (Cal. App. 2014):
p. 21; In re H.M., supra, at pp. 136, 143.) However, the search cannot be premised on an officer's inarticulate hunch that the individual may be dangerous; the officer must "point to specific and articulable facts which . . . warrant that intrusion." (Terry v. Ohio, supra, at p. 21.)
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