P.

INTRODUCTION

Defendant Mark James Salinas appeals from an order denying his motion under Penal Code section 1538.5, subdivision (m) to suppress controlled substances seized from his person during a detention for a possible bicycle light infraction. Defendant contends that his detention was unduly prolonged, resulting in an unreasonable seizure under the Fourth Amendment. We conclude that the detention was reasonable under the circumstances. Accordingly, we will affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

City of San Jose Police Officers Dan Stromska and Andre Ribeiro were on foot patrol in downtown San Jose on July 22, 2011. At approximately 9:39 p.m., they observed a group of five or six individuals gathered in a semi-circle in an alcove by the Meriwest Building on First Street near Santa Clara Street. As the officers approached the group, they observed defendant straddling a bicycle with no lights, and an open container of alcohol right behind the group.1 Upon closer approach, Officer Stromska observed no lights on the bicycle or any type of device that could be used as a light for the bicycle. Officer Ribeiro observed the alcohol container to be within arm’s reach…