Garcia

The celebrated case of Terry v. Ohio (1968) 392 U.S. 1 [ 20 L.Ed.2d 889 , 88 S.Ct. 1868 ], allows the police to perform a “patdown search” for weapons where there is reason to believe that the person is armed and dangerous. This rule cannot be “morphed” into a new rule to justify a search for ordinary evidence, here evidence of identification. We reverse. As we shall explain, nothing in either the letter or spirit of Terry v Ohio, supra, 392 U.S. 1 [ 20 L.Ed.2d 889 , 88 S.Ct. 1868 ] can be used as a springboard to justify a “patdown” search for identification.

Luis Acevedo Garcia appeals his conviction for, inter alia, possession of a controlled substance after his suppression motion was denied. This conviction stemmed from his encounter with Officer Smith of the Santa Paula Police Department on the evening of June 5, 2005. Appellant was riding a bicycle without an operative headlamp. Officer Smith lawfully detained him for violating Vehicle Code section 21201, subdivision (d). He asked appellant for identification. Appellant, who spoke limited English, said that he had no identification. On direct examination Officer Smith testified:

In the trial court, the sole…