People v. Collier

Opinion

YEGAN, J.

Tyree Christopher Collier pled guilty to carrying a concealed firearm as a convicted felon (Pen. Code, § 12025, subd. (a)(2)) and possessing a controlled substance (Health & Saf. Code, § 11377, subd. (a)). He entered the pleas and was sentenced to 16 months in state prison after the trial court denied his motion to suppress evidence. We affirm the order denying suppression.

Facts

On the afternoon of October 9, 2007, Los Angeles County Deputy Sheriff Alfredo Rosas stopped a teal Hyundai because it did not have a front license plate. (Veh. Code, § 5200, subd. (a).) Deputy Rosas spoke to the female driver and smelled marijuana emanating from the vehicle. Deputy Rosas’s partner, Deputy Brett Binder, approached the passenger side of the vehicle and also smelled a strong odor of marijuana. Appellant was in the front passenger seat.

Deputy Binder asked appellant to step out of the car and asked him if he had weapons or anything illegal on his person. Appellant answered no. Appellant was taller than Deputy Binder and wore baggy shorts that hung down to his ankles and an untucked shirt that extended to his midlegs. The baggy clothing led him to believe that appellant might be concealing an otherwise bulging item, perhaps a weapon. So Deputy Binder patted appellant down for weapons to allay his fear. His suspicion proved to be well founded.

[1377]

Appellant had a loaded Clock nine-millimeter handgun in his pants pocket. He also was carrying a jar of PCP. After his arrest, the officers searched the car and found a marijuana cigarette.

The trial court found that Deputy Binder, after smelling the strong odor of marijuana, “had a right to have the defendant step out of the vehicle. Once he observed the attire worn by the defendant and given the need to conduct a further investigation involving the interior of the vehicle, I think [Deputy Binder] was justified in doing a limited pat down for weapons . . . .”

Discussion

On review, we defer to the trial court’s factual findings where supported by substantial evidence and independently determine whether, on the facts found, the patdown was reasonable under Fourth Amendment standards.