Maxwell

In this appeal from a conviction for possession of “crack” cocaine, the narrow issue presented is whether the police may direct a passenger to alight from a vehicle lawfully stopped for a traffic offense. Under the circumstances shown herein, we will conclude that the conduct was lawful and affirm the judgment.

Facts

The relevant facts are basically undisputed: About 3 a.m. on August 6, 1986, San Jose Police Officer Greg Albin was on routine patrol in a marked patrol car when he observed a four-door vehicle without any license plates. Officer Albin stopped the automobile, approached the driver, Clarence Jordan, and requested his driver’s license. Defendant was seated in the right rear passenger seat, and another occupant, Wilmer Spikes, was seated in the front passenger seat.

When Jordan was unable to produce a driver’s license or other identification, Officer Albin asked him to step from the car and eventually turned him over to a “back-up” officer (Jones) on the sidewalk.

Officer Albin then returned to the vehicle intending to question the passengers separately concerning the driver’s identity and to determine if either had a driver’s license so that the vehicle…