Wright

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.…