Valdez

—Jose Jacinto Torres appeals convictions of unlawfully possessing cocaine and unlawfully possessing cocaine for sale. (Health & Saf. Code, §§ 11351, 11350, subd. (a).) We hold the search of a 35-millimeter film canister in his pocket (which contained the cocaine) during a pat-search for weapons was unlawful and thus reverse his judgment of conviction. Because we find the search was unlawful, we do not address two other issues raised by Torres regarding the exclusion of a declaration against penal interest and comment on his post-arrest silence.

I

Torres: Facts

The drugs were found on January 10, 1986, during the execution of a search warrant at a yard used for storage and auto body repair by a man named Carmelo Beas. The affidavit in support of the arrest warrant stated that within the past five days (of the affidavit dated Jan. 3, 1986), an informant made a purchase of heroin from a man named “Carmelo” at the yard. The search warrant listed only that one individual, Carmelo Beas.

The People’s Version *

As Officer Gouge drove into the yard in an unmarked vehicle, Torres and a man named William Viruet Rayon were standing at a side profile to the vehicle. (I.e., Torres…