Sacrite

*79 I. INTRODUCTION

After the trial court denied his motion to suppress evidence ( Pen. Code, § 1538.5 ), defendant Irvin Sacrite pleaded no contest to possession of methamphetamine ( Health & Saf. Code, § 11377, subd. (a) ; count 1) and using or being under the influence of a controlled substance ( Health & Saf. Code, § 11550, subd. (a) ; count 2), both misdemeanors. 1 The trial court placed defendant on probation for two years.

On appeal, defendant contends the trial court erred by denying his motion to suppress *765 evidence, claiming the officer was not justified in conducting a pat search. Defendant further contends the officer had no grounds for removing anything from defendant's pocket after the pat search and prior to his arrest.

Our careful review of the record shows that prior to conducting the pat search, the officer observed "bulges" in defendant's pocket that included "something solid," suggesting that defendant was armed. The officer conducted a pat search because he suspected that the bulge might be a weapon and he would not be able to see defendant's hands while investigating whether defendant was under the influence of a controlled substance. (See *80…

I respectfully dissent. My colleagues conclude that a police officer may justify a pat search without identifying any specific, *87 articulable fact suggesting that the citizen is armed. I believe we are bound by established Fourth Amendment precedent, which requires that a pat search be justified by a reasonable suspicion that the citizen is armed. Because the officer in this case did not identify any fact suggesting that defendant Irvin Sacrite was armed, the pat search was unjustified. Consequently, I would reverse the probation order and direct the court to grant defendant's suppression motion.

I. Background

Defendant moved to suppress the evidence on the ground that the pat search was unjustified. San Jose Police Officer John Prim was the only witness at the suppression hearing. He testified that, at 4:00 p.m. on April 16, 2014, he was the passenger in an unmarked police vehicle being driven by his partner in downtown San Jose. Prim noticed defendant riding a bicycle northbound in the southbound flow of traffic. Defendant was carrying a red Budweiser can in his left hand. The can was open, and Prim saw defendant drink from the can twice. Prim concluded that defendant's…