Barnes

At approximately 1:15 a.m. on May 22, 1981, Los Angeles Sheriffs Deputy Tolmaire was on patrol with Deputy Garcia. They observed a white Lincoln automobile driving on the street with its lights out. The slow moving vehicle, after twice veering into other lanes, pulled into a well-lighted gas station on the comer of Imperial and Wilmington, a location nearby two housing projects known for a high crime rate. After activating the red lights on his patrol car, Deputy Tolmaire followed the white Lincoln into the station in order to cite its operator for the no-lights condition. Appellant, the car’s driver, exited the vehicle without request. A female passenger remained in its front seat. The back seat was occupied by two other males.

When Deputy Tolmaire asked appellant for his driver’s license, appellant replied it was in his sock. Without permitting him to retrieve it, and out of fear for his safety based on the circumstances described, the officer conducted a pat-down search which disclosed the presence of a kitchen knife in the sock. Upon removing the knife, Deputy Tolmaire saw fall from the sock appellant’s identification and a small vanilla extract bottle, from which in…