Dibb

Defendant Larry Thomas Dibb appeals from judgment after he was sentenced to 16-month concurrent prison terms upon his guilty pleas to charges of possessing methamphetamine for sale and possessing a controlled substance in jail. Earlier he had challenged, both in municipal and superior courts, the seizure of a bag containing methamphetamine from his person, based on evidence presented at his preliminary hearing in municipal court. He now claims his motion to suppress should have been granted due to the unlawfulness of the search and seizure. We affirm.

Facts

On August 20, 1994, Officer Nicholas Chilles of the Modesto Police Department stopped a vehicle in which defendant was a passenger because the vehicle registration had expired and the two occupants were not wearing seat belts. After making inquiry of the driver, Chilles also determined he was driving with a suspended driver’s license. The driver consented to a search of his car. Defendant and the driver stepped out of the vehicle.

Chilles observed a black fanny pack on the middle portion of the front bench seat, which defendant grabbed as he got out of the car. Defendant consensually handed it to Chilles when…