People v. Sacrite
Annotate this CaseSan Jose Police Officer Prim noticed defendant riding a bike “the wrong way into traffic,” while drinking from an open Budweiser beer can. Prim stopped defendant and took the can, smelled it, and looked inside. He determined that the can contained beer. Prim noticed that defendant was sweating heavily and had dried, chapped lips and “fluttering eyelids.” Prim intended to cite defendant, who was wearing a t-shirt, which extended below his waistband so Prim could not see defendant’s waistband area or the pockets of defendant’s shorts. Prim could see “bulges” inside defendant’s shorts pockets. Based on his “training and experience,” concerns for his personal safety and his need to observe defendant’s hands during tests he planned to administer to determine whether defendant was under the influence of a stimulant, Prim conducted a pat search then conducted a Romberg test, observed further indications that defendant was under the influence, and arrested defendant. Prim then reached into defendant’s pocket—where he had observed the bulges—and removed a cell phone, lighter, and a baggie containing methamphetamine. Defendant was charged with possession of methamphetamine and using or being under the influence of a controlled substance. The court of appeal affirmed the denial of a motion to suppress. Prim had “specific and articulable facts” that would have led a reasonable officer reasonably to conclude that defendant “may be armed and presently dangerous.”
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