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People v. Collier

Court of Appeal of California, Second District
Sep 18, 2008
166 Cal.App.4th 1374 (Cal. Ct. App. 2008)

Summary

In People v. Collier, 166 Cal.App.4th 1374, 1376, 1378, 83 Cal.Rptr.3d 458 (2008), the Second District Court of Appeal of California held that a law enforcement officer had reasonable suspicion to frisk the defendant, who was the front seat passenger of a vehicle from which an odor of marijuana was emanating.

Summary of this case from Norman v. State

Opinion

No. B207163.

September 18, 2008.

Appeal from the Superior Court of Los Angeles County, No. GA071211, Teri Schwartz, Judge.

Richard Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Keith H. Borjon and John R. Gorey, Deputy Attorneys General, for Plaintiff and Respondent.



OPINION


Tyree Christopher Collier plead guilty to carrying a concealed firearm as a convicted felon (Pen. Code, § 12025, subd. (a)(2)) and possessing a controlled substance (Health Saf. Code, § 11377, subd. (a)). He entered the pleas and was sentenced to 16 months in state prison after the trial court denied his motion to suppress evidence. We affirm the order denying suppression.

Facts

On the afternoon of October 9, 2007, Los Angeles County Deputy Sheriff Alfredo Rosas stopped a teal Hyundai because it did not have a front license plate. (Veh. Code, § 5200, subd. (a).) Deputy Rosas spoke to the female driver and smelled marijuana emanating from the vehicle. Deputy Rosas's partner, Deputy Brett Binder approached the passenger side of the vehicle and also smelled a strong odor of marijuana. Appellant was in the front passenger seat.

Deputy Binder asked appellant to step out of the car and asked him if he had weapons or anything illegal on his person. Appellant answered no. Appellant was taller than Deputy Binder and wore baggy shorts that hung down to his ankles and an untucked shirt that extended to his midlegs. The baggy clothing led him to believe that appellant might be concealing an otherwise bulging item, perhaps a weapon. So Deputy Binder patted appellant down for weapons to allay his fear. His suspicion proved to be well founded. Appellant had a loaded Glock nine-millimeter handgun in his pants pocket. He also was carrying a jar of PCP. After his arrest, the officers searched the car and found a marijuana cigarette.

The trial court found that Deputy Binder, after smelling the strong odor of marijuana, "had a right to have the defendant step out of the vehicle. Once he observed the attire worn by the defendant and given the need to conduct a further investigation involving the interior of the vehicle, I think [Deputy Binder] was justified in doing a limited pat down for weapons. . . ."

Discussion

On review, we defer to the trial court's factual findings where supported by substantial evidence and independently determine whether, on the facts found, the patdown was reasonable under Fourth Amendment standards. ( People v. Leyba (1981) 29 Cal.3d 591, 596-597 [ 174 Cal.Rptr. 867, 629 P.2d 961].) Where "`probable cause justifies the search of a lawfully stopped vehicle, it justifies the search of every part of the vehicle and its contents that may conceal the object of the search.'" ( California v. Acevedo (1991) 500 U.S. 565, 570 [ 114 L.Ed.2d 619, 628, 111 S.Ct. 1982], quoting United States v. Ross (1982) 456 U.S. 798, 825 [ 72 L.Ed.2d 572, 102 S.Ct. 2157].)

In the context of an ordinary traffic stop, an officer may not pat down a driver and passengers absent a reasonable suspicion they may be armed and dangerous. ( Knowles v. Iowa (1998) 525 U.S. 113, 118 [ 142 L.Ed.2d 492, 498, 119 S.Ct. 484].) But this was no ordinary traffic stop. The officers smelled marijuana and asked the driver and passenger to step out so they could search the car interior. Although appellant's presence in the car was not probable cause to arrest him for a drug offense, it furnished a rational suspicion that he may have been in the possession and transportation of drugs. (E.g., People v. Fisher (1995) 38 Cal.App.4th 338, 345 [ 45 Cal.Rptr.2d 57].)

The female driver was wearing tight-fitting clothing and was not patted down for weapons. Had appellant been wearing nonbaggy clothing, we doubt that Deputy Binder would have entertained a suspicion that appellant might be armed. Our opinion should not be read as allowing the police carte blanche to pat down anyone wearing baggy clothing. But the wearing of baggy clothing, coupled with other suspicious circumstances, here, being in a car which reeks of marijuana, furnish the requisite facts to support a patdown for weapons so that the search of the car could be safely performed.

The trial court correctly reasonably ruled that there were specific and articulable facts to conduct a limited patdown based on officer safety and the presence of drugs. As the Fourth Circuit Court has observed; "guns often accompany drugs." ( U.S. v. Sakyi (4th Cir. 1998) 160 F.3d 164, 169.) "[I]n connection with a lawful traffic stop of an automobile, when the officer has a reasonable suspicion that illegal drugs are in the vehicle, the officer may, in the absence of factors allaying his safety concerns, order the occupants out of the vehicle and pat them down briefly for weapons to ensure the officer's safety and the safety of others." ( Ibid.)

People v. Dickey (1994) 21 Cal.App.4th 952 [ 27 Cal.Rptr.2d 44] and People v. Medina (2003) 110 Cal.App.4th 171 [ 1 Cal.Rptr.3d 546] are factually distinguishable and not here controlling. In Dickey, there was no traffic stop and no indication that the driver was smoking or transporting drugs. The vehicle was parked on a rural dirt road and the driver was admiring the view. In People v. Medina, the patdown was based solely on a traffic stop late at night in a high-crime area. ( Id., at p. 174.)

Appellant argues that the patdown was unreasonable because there were no furtive gestures, no gang evidence, and the traffic stop was not in a high-crime area. True enough, but the patdown was reasonably necessary because the officers had probable cause to search the car interior and had decided to do so. When appellant alighted from the vehicle, the officer was concerned about his safety based on appellant's size, the baggy clothing, and the knowledge that appellant or the driver may have been smoking marijuana. The trial court said: "[I]f the officer or the deputies are permitted to investigate . . . the source of the [marijuana] odor, then there is nothing unreasonable about Officer Binder — or Deputy Binder's pat down of the defendant based on the odor [of] the marijuana in the vehicle and the baggie clothing, [¶] . . . [¶] I don't know how the deputy can be expected to conduct any further investigation with the defendant standing there in baggie clothing if he as a reasonable fear that he might be armed at the time." We agree with this commonsense evaluation. "The judiciary should not lightly second-guess a police officer's decision to perform a patdown search for officer safety. The lives and safety of police officers weigh heavily in the balance of competing Fourth Amendment considerations. [Citations.]" ( People v. Dickey, supra, 21 Cal.App.4th at p. 957.) The Fourth Amendment has never been interpreted to "`require that police officers take unnecessary risks in the performance of their duties.' [Citation.]" ( Pennsylvania v. Mimms (1977) 434 U.S. 106, 110 [ 54 L.Ed.2d 331, 336, 98 S.Ct. 330].)

The judgment (order denying motion to suppress evidence) is affirmed.

Gilbert, P. J., and Coffee, J., concurred.

Appellant's petition for review by the Supreme Court was denied December 17, 2008, S167655.


Summaries of

People v. Collier

Court of Appeal of California, Second District
Sep 18, 2008
166 Cal.App.4th 1374 (Cal. Ct. App. 2008)

In People v. Collier, 166 Cal.App.4th 1374, 1376, 1378, 83 Cal.Rptr.3d 458 (2008), the Second District Court of Appeal of California held that a law enforcement officer had reasonable suspicion to frisk the defendant, who was the front seat passenger of a vehicle from which an odor of marijuana was emanating.

Summary of this case from Norman v. State

In Collier, a pat-down search was upheld because the defendant's baggy clothing was coupled with other suspicious circumstances, including his "size... and the knowledge that [he]... may have been smoking marijuana," an illegal drug at the time.

Summary of this case from People v. Ipina

In Collier, the court concluded that the defendant's baggy clothing was relevant to the reasonable suspicion inquiry: "When [the defendant] alighted from the vehicle, the officer was [reasonably] concerned about his safety based on [the defendant's] size, the baggy clothing, and the knowledge that [the defendant] or the driver may have been smoking marijuana."

Summary of this case from People v. Reynolds

In Collier, an appellate court found it reasonable for a deputy to patsearch a passenger "based on officer safety and the presence of drugs" where the car smelled of marijuana and a passenger was wearing baggy clothing capable of concealing a weapon.

Summary of this case from People v. J.S. (In re J.S.)

In Collier, two police officers stopped a car because it did not have a front license plate and, upon approaching the vehicle, smelled marijuana.

Summary of this case from People v. Guzman

In People v. Collier, supra, 166 Cal.App.4th at 1378, the court pointed out two circumstances of significance which caused it to uphold the validity of the search.

Summary of this case from People v. Wedlow

In People v. Collier (2008) 166 Cal.App.4th 1374, the appellate court held an officer properly asked the passenger and driver to exit a car after a traffic stop to conduct a search of the car's interior due to the strong smell of marijuana.

Summary of this case from People v. Jaramillo

In Collier, a sheriff's deputy, upon making a lawful vehicle stop and approaching the vehicle on foot, smelled a strong odor of marijuana.

Summary of this case from People v. Porter

In Collier, the officer inferred defendant was armed and dangerous from his large size, baggy clothing, and the presence of drugs in the car.

Summary of this case from People v. Arellano

In People v. Collier (2008) 166 Cal.App.4th 1374, 1378, we noted that " 'guns often accompany drugs' " and that the lives and safety of police officers weigh heavily in the balance of Fourth Amendment considerations.

Summary of this case from People v. Melende
Case details for

People v. Collier

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. TYREE CHRISTOPHER COLLIER…

Court:Court of Appeal of California, Second District

Date published: Sep 18, 2008

Citations

166 Cal.App.4th 1374 (Cal. Ct. App. 2008)
83 Cal. Rptr. 3d 458

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