State v. Garza

Defendant appeals from his conviction of criminal activity in drugs, assigning as error the trial court’s failure to suppress evidence seized at the time of his arrest. Defendant contends that the officer conducting the search did not have reasonable suspicion that defendant was armed and presently dangerous.

On November 19, 1975, operating under a valid search warrant, police entered and searched an apartment for marijuana. When police entered the apartment there were approximately 14 people present and the entrance caused some minor disturbances consisting of verbal protestations from two or…