Hana

Defendant appeals from a judgment of conviction entered after a court trial finding him guilty of the possession of marijuana, in violation of Health and Safety Code section 11530. He contends that the contraband introduced into evidence against him was obtained as the result of an unlawful search and seizure as; 1) the arresting officer did not have reasonable grounds to believe that he and his companions were armed so as to justify a “frisk” search; 2) and even if proper, the “frisk” exceeded the proper bounds permitted by Terry v. Ohio, 392 U.S. 1 [ 20 L.Ed.2d 889, 890 , 88 S.Ct. 1868 ]; and 3) there was insufficient probable cause to arrest him for the possession of marijuana.

The matter was submitted on the transcript of the combined preliminary hearing and proceedings under defendant’s motion to suppress certain evidence (Pen. Code, § 1538.5). The following pertinent facts appear: On November 29, 1968, at approximately 10:45 in the morning, Officer Cox of the Fremont Police Department was in the vicinity of Olive Avenue and Chadbourne. Cox observed a red Ford panel truck with a defective left rear brake light and stopped the vehicle pursuant to Vehicle Code section…