When a peace officer has stopped a person for temporary questioning and suspects he's in danger, he may search that person for weapons. If a weapon is discovered, he can return it after questioning or arrest the person. True or False?

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The statement is true because it aligns with the established legal principle known as "stop and frisk," which is permitted under certain conditions. When a peace officer has reasonable suspicion that a person is involved in criminal activity and may be armed and dangerous, the officer is legally allowed to conduct a limited search of the individual's outer clothing for weapons. This is known as a Terry stop, based on the Supreme Court case 'Terry v. Ohio.'

In this situation, if the officer discovers a weapon during the search, they have the authority to either secure the weapon for safety or take further action, such as making an arrest, depending on the circumstances surrounding the stop and the individual’s behavior. The reason behind this is to ensure the officer's safety and that of others in the vicinity while exercising their duty to investigate potential criminal activity.

This aligns with the law's intent to balance individual rights with the need for public safety, permitting peace officers to act when they perceive an immediate threat.

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