Is a patsearch conducted by a police officer following an arrest for violating the city's open container law illegal?

Defendant next argues the patsearch was illegal because the officers had no basis to suspect that defendant was armed and dangerous. " 'A frisk following a detention for investigation "is an additional intrusion, and can be justified only by specification and articulation of facts supporting a reasonable suspicion that the individual is armed." ' [Citation.]" (People v. Suennen (1980) 114 Cal.App.3d 192, 199.) We agree with defendant the facts articulated at the hearing do not support a suspicion that defendant was armed. However, that does not mean the officers were prevented, under the

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circumstances, from frisking or patsearching defendant incident to his arrest for violating the city's open container law.²