People v. Wright

Opinion

THE COURT.

*

In this appeal we are asked to decide the novel and interesting question of whether a police officer may conduct a patdown search of a suspect’s clothing which is not being worn by the suspect. Under the facts of this case we conclude that the search was proper. As defendant’s motion to suppress was also correctly denied on the other grounds raised, we will affirm the judgment.

After the trial court denied his motion to suppress under Penal Code section 1538.5, defendant entered a plea of guilty to the charge of possessing a controlled substance. (Health & Saf. Code, § 11377, subd. (a).) The allegation that he had served a prior prison term within the meaning of Penal Code section 667.5 was stricken and the court sentenced defendant to the middle term of two years. His appeal challenges only the denial of his motion to suppress. (Pen. Code, § 1237.5; Cal. Rules of Court, rule 31 (d).)

At the hearing on the motion to suppress, the trial court had before it the transcript from defendant’s preliminary hearing, which contained the testimony of Officer Larry Smith of the Fontana Police Department and of defendant Richard Arthur Wright, who testified on his own behalf. Officer Smith also provided additional testimony at the hearing on the motion.

Officer Smith testified that, while on duty on April 15, 1987, he observed what appeared to be a juvenile female standing in front of a motel. She wore what he described as provocative attire, and as the area was known to him as one with a high instance of prostitution, he approached her to investigate. She informed him that she had run away from a facility in Riverside County, and that she had left clothing in room 116 of an adjacent motel.

[1110]

When Officer Smith went to this room, his knock was answered by a woman, Tina Veach, who acknowledged that the girl had left belongings in the room. Three other persons, including two men, were present in the room; one of them, named Reed, was familiar to the officer as having a history of carrying concealed weapons.

Before entering the room, Officer Smith observed a hypodermic syringe containing a reddish solution on a small dresser between two beds. After Tina Veach invited him into the room, he requested a backup and waited until the second officer arrived before continuing his investigation.