Gutierrez

Joel Victor Gutierrez appeals from a judgment of conviction for burglary. He contends that the trial court erred in denying his motion to suppress certain evidence found on his person at the time of his arrest for driving under the influence of an alcoholic beverage or drug. We affirm the judgment.

At about 2:40 a.m. on January 1, 1983, Pinole Police Officer Mark Farnsworth observed a moving vehicle with several apparent mechanical violations of the Vehicle Code (broken headlight and taillight, bald tires). As he followed the car, he noticed that it was weaving from side to side within its lane of traffic. Officer Farnsworth stopped the car and asked the driver, appellant Gutierrez, to perform several field sobriety tests. From the tests and statements made by appellant, the officer determined that appellant was under the influence of either alcohol or drugs. Farnsworth placed appellant under arrest.

The officer noticed that while appellant was performing the sobriety tests, he repeatedly put his right hand into his right front pants pocket. Appellant continued to do this even after being asked to stop. After placing appellant under arrest, Farnsworth conducted a…