administration. It is these items that defendant moves to suppress.
At the evidentiary hearing it was disclosed that the search warrant did not authorize a search of the person of the named occupants although the affidavit presented to the magistrate presented sufficient probable cause. The affidavit, sworn to by the officer who made the search of the person of defendant, revealed that defendant had been seen by the reliable informant cutting and packaging heroin. The officer also testified that his background investigation of defendant prior to applying for the warrant established that defendant had a prior record of felony offenses, including narcotics and burglary. The officer also testified that a high percentage of persons arrested for narcotic offenses in recent years are found to be armed, and that the area of the residence to be searched was an area of high incidence of crime. He testified that he conducted the pat-down search for his own protection and the protection of others present.
It is the legality of the "pat-down" or "frisk" search which determines the validity of the arrest and subsequent body search which disclosed the heroin. Under the factual circumstances disclosed we have no doubt that the police officers were justified in making a preliminary search for a concealed weapon. They were faced with a known felon entering a dwelling where he had been described as handling heroin, in the course of the execution of a legal search warrant. His trench coat provided opportunity for concealment of weapons, and the propensity for carrying weapons by narcotics offenders was known to the police officers.
The Supreme Court in Terry v. Ohio, 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889 , has established the legality of such preliminary searches when the surrounding circumstances are such that the police officers must pursue the investigation without fear of violence.
"The officer need not be absolutely certain that the individual is armed; the issue is whether a reasonably prudent man in the circumstances would be warranted in the belief that his safety or that of others was in danger." 392 U.S. p. 27, 88 S. Ct. p. 1883.