Thomas

*90 *1109 Defendant Daniel Jason Thomas appeals his convictions for possession of a dirk or dagger, possession of methamphetamine with prior convictions, and possession of drug paraphernalia. On appeal, he contends it was error to deny his motion to suppress under Penal Code 1 section 1538.5 as *1110 the detention and patsearch were not justified by reasonable suspicion. We agree and reverse the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Based on the evidence discovered during the search of defendant, he was charged with carrying a concealed dirk or dagger, felony possession of methamphetamine based on a prior strike conviction, and misdemeanor possession of a smoking device. 3 The information also alleged a prior strike conviction.

After the preliminary examination, defendant filed a motion to suppress under section 1538.5. Following an evidentiary hearing, the magistrate denied the motion.

Suppression Hearing

In April 2016 at 12:23 p.m., the Sacramento Police Department received a call that a "male black adult subject wearing a dark hoody, ... and black pants" was harassing customers in front of a business in the Del Paso Heights area. The description of the subject was…