Avila

During a preliminary hearing defendant’s Penal Code section 1538.5 suppression motion was denied. Following a jury trial, defendant was convicted of possession of methamphetamine (Health & Saf. Code, § 11378), possession of cocaine (Health & Saf. Code, § 11350), and possession of methamphetamine for sale (Health & Saf. Code, §11378), while personally armed with a firearm (Pen. Code, § 12022, subd. (c)). The trial court denied probation, and imposed a total sentence of seven years and eight months.

Defendant appeals, contending the trial court erroneously denied his motion to suppress, the detention lacked probable cause, and the patdown search was unlawful. We affirm.

Factual and Procedural Background

On May 16, 1995, at approximately 4:30 p.m., Officer Jones saw defendant, Gilbert Avila, walking across a parking lot. The officer observed defendant littering. Moreover, the officer noted that defendant’s manner while littering was “suspicious.” Defendant first walked to the passenger side of a truck, then to the driver’s side, then back to the front of the truck with his hand directly in front of his body. Finally, he dropped a white envelope from his waist.

Officer…