Dickey

Warren Douglas Dickey was convicted by plea of possessing cocaine. (Health & Saf. Code, § 11350, subd. (b).) Proceedings were suspended and probation was granted upon certain terms and conditions, inter alia, the service of 68 days in county jail. Prior thereto, he unsuccessfully brought a motion pursuant to Penal Code section 1538.5. He appeals meritoriously contending that “. . . appellant’s pat down and search were not justified under the circumstances described by Deputy Conway.”

At approximately 3:40 p.m. on June 28, 1992, Deputy Sheriff Kenneth Conway of the San Luis Obispo County Sheriff’s Department (the deputy) was on routine patrol with his partner. He was driving his black and white patrol vehicle on a one-lane dirt road extension of Illinois Avenue in rural Nipomo. He saw a 1977 El Camino which was stopped in the roadway with its engine running. The driver appeared to make “. . . furtive movements, moving around in the driver’s seat.”

The deputy approached the driver, appellant herein, and asked him what he was doing parked in the middle of the road. Appellant replied that he was just admiring the view of the valley and sand dunes below.

When asked for…