Boissard

Following the denial of his Penal Code section 1538.5 motion, defendant pleaded guilty to possessing methamphetamine for sale in violation of Health and Safety Code section 11378. He appeals, contending the trial court erroneously denied the suppression motion because (1) the officers lacked probable cause to arrest him, (2) the officers’ search of the automobile was not incidental to his arrest, and (3) the officers’ arrest of him for a violation of Penal Code section 148.9 was a pretext to search the automobile. We affirm.

Procedural and Factual Background

During the hearing on defendant’s motion to suppress, the only witnesses were two sheriff’s deputies who testified:

When the deputies arrived at the Unocal 76 station, they saw the described two men standing next to “a car that matched the description [they] were given.” The two men looked at the black and white sheriff’s unit the deputies were driving and started walking away in different directions. As defendant walked away at “a fast or quick pace,” one of the deputies told him “to stop and come back.”

When the deputy asked defendant his name, he responded “John Victor Bouschard” and spelled the last name.…