Guajardo

VOGEL, (Miriam A.), J.

On the People's appeal, we find the search of defendant Margarito Espinoza Guajardo was incident to a lawful arrest and therefore reverse the order dismissing the information charging him with one count of possessing cocaine base for sale.

Los Angeles County Sheriff's Deputy Steve Kim and his partner stopped in front of a house while they were on patrol in an area Kim knew to have a high level of narcotics activity. Kim saw Guajardo (who Kim knew because he had arrested him a month earlier for selling narcotics) and two other men standing by the side of the house. As Kim watched, Guajardo handed a small object to his companion and the companion, in turn, put the object inside a cigarette pack, which he then put in his shirt pocket. Based on his experience and training, Kim formed the opinion that Guajardo was selling drugs to the other man.

Guajardo and his companion then walked toward the patrol car, with a nervous Guajardo looking around as if he was anxious to walk away. Kim detained the men and performed a patdown search of Guajardo, during which he removed a small, rock-like object and $926 in cash from Guajardo's pockets. Kim then searched…