People v. Williams

Deon Kirldin Williams pleaded guilty to a violation of Health and Safety Code section 11350 and admitted Penal Code section 1203, subdivision (e)(4) and Health and Safety Code section 11370 enhancement allegations. He contends the court erred in denying his motion to suppress rock cocaine found in his pocket. A police officer stopped defendant for riding an unlicensed bicycle and, after ascertaining he was on parole, patsearched him for weapons. We will reverse.

Facts and Procedural History

In the afternoon of January 21, 1991, Modesto Police Officer Ryan saw defendant, whom he knew by name, riding an unlicensed bicycle in violation of the city municipal code. When Ryan stopped to warn or cite defendant for the infraction, he asked if he was on probation or parole. Ryan testified, for safety reasons, he routinely asks persons he stops for a violation of the law if they are on probation or parole. When defendant replied he was on parole, Ryan said he was going to search him for weapons. Ryan patsearched defendant. Ryan felt a small, hard, rock-like object which he believed was rock cocaine in the pocket of defendant’s “very thin” nylon jacket. Ryan spread open the pocket…