People v. Brannon

Modified upon denial of rehearing 6/7/13.) Court properly denied Defendant's motion to suppress cannabis found in his jacket pocket after he was frisked. Officers had probable cause to arrest Defendant, a passenger in vehicle lawfully stopped for traffic violation, as he immediately exited vehicle and walked away, and refused officers' instruction to stop and return to vehicle. Defendant's trial counsel was not ineffective for failing to seek suppression of Defendant's statements. Timing of Defendant's initial questioning by police was over an hour before subsequent interrogation and occurred as part of on-street encounter, and was limited and spontaneous and not part of deliberate plan to avoid Miranda. (BURKE and McLAREN, concurring.)