Hale

Charles Andrew Hale appeals the judgment (order granting probation) entered on his plea of guilty to possession of amphetamine. (Health & Saf. Code, § 11350.) Hale contends an illegal search of his automobile tainted the evidence on which his conviction was based.

The facts, viewed in the light mo;st favorable to the judgment, show that on the afternoon of 12 March 1973 Los Angeles County Deputy Sheriff Price, on patrol in San Dimas, stopped an automobile driven by Hale to warn him of a defective brake light. As Price approached the automobile he saw Hale’s hand resting on the center console between the front bucket seats. An automatic pistol lay on the front seat only a few inches from Hale’s hand. Fearing that Hale might use the pistol, Price drew his service revolver and ordered Hale to take his hand away from the pistol and get out of the automobile. He then gave Hale a pat-down search, which revealed no weapons. At about that time Deputy Sheriff Brown arrived on the scene and spoke with Hale, and Price understood Brown to say that Hale had previously been arrested for possession of a weapon.

While Brown detained Hale, Price entered Hale’s automobile to examine the…