How have the courts dealt with a defendant's challenge to the patdown search?

As for defendant's challenge to the legality of the patdown search, we quote from a recent decision of this court (on which the prosecution relied in the trial court, but which neither party cited on appeal), which is applicable in the present case as well. "In their original briefing on appeal, the parties argued only whether the search was valid . . . . Neither party considered the estoppel theory raised by the [prosecution in opposition to] defendant's . . . motion. We requested supplemental briefing on that issue." (People v. Watkins (2009) 170 Cal.App.4th 1403, 1408.) That defendant, as in

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