Brown
People v. Brown
Opinion
Opinion
Thaxter, J.
Michael Dean Brown pled guilty to one count of possession of methamphetamine (Health & Saf. Code, § 11377) and was placed on probation on the condition he serve 150 days in jail. On appeal he challenges the denial of his motion to suppress evidence pursuant to Penal Code section 1538.5. The issue presented is whether, during a routine traffic stop, an officer may run a warrant check and then question the detainee regarding the detainee’s probation status and ask permission to search while waiting for the results of the warrant check. We conclude the officer may. We will affirm.
Facts and Procedural History
On November 30, 1996, about 9:40 p.m., Police Officer Randall Bolinger stopped defendant when he observed him riding a bicycle without a light or reflectors on Robertson Road in violation of Vehicle Code section 21201, subdivision (d). Officer Bolinger asked defendant for identification so he could cite him for the traffic infraction if he decided to do so. Defendant produced a California identification card. Bolinger then ran a warrant check, “[sjomething we commonly do when we stop people.” The warrant check took about a minute. During that minute, in response to…