People v. Spears CA3

facts, defendant’s baggy clothing, and his initial lying all played a part in Deputy Harmon’s thinking on this point. Deputy Harmon located what felt like “a large baggie of some kind of substance,” which he did not think was a weapon, in defendant’s right-side front pocket. Looking down into the pockets of defendant’s jeans, Deputy Harmon saw that the object was a baggie that looked like marijuana. As he continued the patdown, Deputy Harmon felt what he believed to be a “crank pipe.” Deputy Dugonjic testified that when the officers got out of their patrol car, defendant approached him and claimed to be lost. Deputy Dugonjic could smell marijuana on him. Defendant was wearing baggy clothes, including a bulky hooded sweatshirt, and he seemed nervous. Because of his baggy clothing, the odor of marijuana on him, and his nervous behavior, Deputy Dugonjic felt defendant needed to be patted down for weapons.

Deputy Harmon did not patdown defendant earlier because he was also concerned about the driver, who had not yet been contacted. When Deputy Dugonjic contacted the driver, he observed that she also had red bloodshot eyes, and he smelled alcohol and marijuana emanating…