People v. Snyder

Opinion

THE COURT.

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On October 18, 1991, the Kern County District Attorney filed an information charging appellant with a violation of Penal Code section 666, petty theft with a prior conviction. On December 16, 1991, the court denied appellant’s motion to suppress evidence of the article allegedly stolen. Appellant then entered a guilty plea. On January 14, 1992, the court imposed a sentence of two years in state prison.

Appellant’s sole contention on appeal is that the court erred by denying his motion to suppress evidence of the stolen article.

Facts

The following facts are drawn from the hearing on appellant’s motion to suppress. On September 22, 1991, Bakersfield City Police Officer David Chase went to a drugstore to investigate a complaint that a panhandling White male in his 40’s, wearing a yellow shirt with brown stripes, was causing a disturbance in front of the store. When Chase arrived at the store, the only person standing in front of it was appellant, who matched the description of the man.

While Officer Chase talked to appellant, he quickly noticed a large bulge in the front waistband of appellant’s trousers. For his own safety, Chase patted appellant down and felt the object. He believed it was a bottle and withdrew it. The bottle, a fifth of brandy, had a price tag from the drugstore on it. Chase asked appellant where he obtained the bottle and appellant said he bought it at a store in neighboring Oildale.

Appellant’s trial counsel conceded that Chase’s detention of appellant was valid as an investigation of a possible crime. However, she challenged

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Chase’s right to pull out the object after he knew it was a bottle rather than a conventional weapon such as a gun or knife. The prosecution argued that a full fifth of liquor possesses a clear potential for use as a weapon, either as a club or as a cutting weapon if broken. Therefore, the patdown was a legitimate and limited search for the purpose of officer safety as part of a

Terry