Gabriel

Following the denial of his motions to suppress evidence and to dismiss (Pen. Code, §§ 995, 1538.5), defendant pled guilty to possession for sale of a controlled substance (Health & Saf. Code, § 11378). Granted probation, defendant appeals contending that evidence obtained from him should have been suppressed as the fruit of an unlawful detention.

Facts

Acting pursuant to a valid search warrant, police officers entered the apartment of Patricia Golden to search for narcotics. After serving the warrant on Golden, Officer White began a search of the house. He encountered a total of four people other than Golden. Two of them, defendant and another person, were found in the master bedroom. White conducted a cursory “patdown” search of defendant for weapons and instructed him to wait with the others in the kitchen. None of the people in the apartment were free to leave.

Within five to seven minutes after the search began, the officers discovered a clear plastic bindle containing methamphetamine on the headboard of the bed in the master bedroom. Officer White later testified he believed defendant was connected to the methamphetamine. The officers also found a number of…