Morad

Petitioner, Ronald Morad, is charged with possession of restricted dangerous drugs (LSD tablets) in violation of Health and Safety Code section 11910. The Superior Court of San Mateo County denied his motion to suppress the dangerous drug evidence (Pen. Code, § 1538.5), and from that order petitioner seeks a writ of prohibition.

In People v. Hyde, 12 Cal.3d 158 [ 115 Cal.Rptr. 358 , 524 P.2d 830 ], the court held that the preboarding airport search made for the purpose of discovering weapons and explosives and deterring hijackers was not in violation of the Fourth Amendment to the United States Constitution. The court further held that the incidental discovery of contraband during *438 the course of the search did not violate the Fourth Amendment. In Hyde , the defendant was a boarding passenger at the time of the search. In the instant case, the petitioner, after the initiation of the search, but prior to the discovery of the contraband, elected not to board the airplane and asked to leave. The issue thus presented is whether the pat-down search of petitioner’s person for weapons was justified by the fact that he met the hijacker profile and set off the magnetometer,…