People v. Ramirez CA2/8

facts. Shortly after 1:00 in the morning on May 31, 2013, the deputies were on patrol in a marked vehicle. They were making a routine check at the Palms Motel in the City of Rosemead because it is known for a high level of narcotics activity. Defendant was standing with a female at the motel’s check-in window. Deputy Chapman believed defendant matched the general description of a suspect wanted for making criminal threats from a week or so before in the same general area. Defendant was about 30 feet from the patrol car and Deputy Chapman, while still seated in the driver seat, asked defendant his name and if he had any identification. Defendant said something inaudible but then denied having any identification. Deputy Chapman asked defendant if they could speak with him and he walked over to their patrol car. Deputy Elizarraraz got out of the car and went up to defendant and asked defendant if he could search him. Defendant said “Go ahead. I don’t have anything.”

2 Defendant then conceded he had a “small” knife with him. Deputy Elizarraraz performed a brief patdown search and found an 8-inch folding knife in the pocket of defendant’s shorts. Deputy Elizarraraz was “startled” by…