Uniformed El Cajon Police Department Officers Robert Wining and Robert Nasland responded to a radio call at around 11:00 a.m. on November 15, 2017, directing them to check two “transients” in a motel parking lot.  The dispatcher directed the officers to look for a white male who had a bike and who was urinating in the bushes.  The other person was described only as a female.  Upon arrival in their marked patrol car, they found the parking lot to be pretty much empty. But around behind a parked U-Haul van, along a cinderblock retaining wall, the officers found two men, later identified as Jon Barlett and defendant James Brown.  As the officers approached (turning on their bodycams as they did so), the subjects both had what Officer Wining later described as a surprised “deer-in-the-headlights look.”   Barlett—a white male with a bicycle—fit the description of one of the two subjects described in the radio call.  Defendant—a black male and without a bike—did not.  But being the only two people in the lot, the officers got out of their patrol car and made contact anyway.  Greeting the two subjects with “Howdy, guys,” and asking; “What are we up to today?”, defendant responded that he was getting “stuff” out of the van.  Barlett said he was merely helping.  When told that the motel had called about Bartlett urinating in the bushes, he responded: “They didn’t see me.” (Note the lack of any denial that he was the “urinator” [a word I just coined].)  Identification was requested and general questioning continued concerning what they were doing in the parking lot during which it was determined that defendant (but not Bartlett) was staying at the motel.  Officer Wining—a 22-year veteran of the police department—eventually just asked bluntly: “So, do we have a drug deal going on here, or what do we got going?” While Barlett mumbled an unintelligible response, defendant responded; “A drug deal? No, sir.”  Told that drug dealing was not uncommon in the area, and that he didn’t need to look so surprised, defendant—getting a bit nervous—responded:  “Didn't you say your call was for him urinating in the bushes; what does this got to do with me?”  Ignoring defendant’s apparent attempt to push the officers’ attention onto Bartlett, Officer Wining asked if they had any outstanding warrants.  Defendant said he did not while Bartlett admitted to having “just cleared up some.”  Pointing to the visible needle marks on Bartlett’s arms, Officer Wining asked him whether he was using heroin. Barlett responded: “Not anymore,” and acknowledging that he “ha[d] a history of it.”  About then, defendant’s cellphone rang.  Defendant answered it, engaging in a nearly minute-long casual conversation uninterrupted by the officers, laughing at one point at something the caller said. The questioning resumed after defendant ended his phone call.  Officer Wining continued the questioning, asking about an expensive gold watch Bartlett was wearing (“bought it at Walmart”) and a small Leatherman-brand multi-tool that was still in its original packaging (“found it under a bridge”). Officer Wining asked if Barlett was selling the Leatherman tool to defendant, to which Barlett claimed he was not. While this discussion was going on, and after the contact had lasted about seven minutes, Officer Wining observed defendant suddenly “put his hands down to his sides,” and “reach his index finger into his right pocket.”  As Officer Wining walked over to him, defendant raised his hands and said: “Oh, my bad, man, my bad.”  Defendant, who had been sitting on the block wall, was ordered stand up and turn around, telling him; “I saw you reaching in that pocket.” When defendant denied doing so, Officer Wining responded; “Yeah, you were.”  Defendant complied with Officer Wining’s instructions and submitted as the officer secured defendant’s arms behind his back in a finger hold. Pointing with his free hand to defendant’s pants pocket, Officer Wining asked: “What's in here?” Defendant responded that he was “not quite sure.”  Officer Wining then stated; “I’m going to check, OK?”, to which defendant grunted a monosyllabic unintelligible response.  Officer Wining then reached into defendant’s pocket and pulled out a plastic bag which defendant claimed to be coffee, but which the officer recognized as heroin.  Officer Wining conducted a more thorough search of defendant’s person, finding several thousand dollars, a number of unused syringes, and “suboxone strips” (used to treat opioid withdrawal).  Charged in federal court with one felony count of possession of 35.35 grams of heroin with intent to distribute, in violation of 21 U.S.C. § 841(a)(1), defendant’s motion to suppress the items found on his person was denied by the district (i.e., trial) court.  Convicted by a jury, defendant was sentenced to 3 years and 5 months in prison.  Defendant appealed.