PEATROSS, J.
Defendant, Jimmy Ray White, was convicted of possession of cocaine, found to be a third-felony habitual offender and sentenced to serve five years imprisonment without benefits and with credit for time served. Defendant now appeals. For the reasons stated herein, Defendant's conviction is affirmed and his sentence is amended and, as amended, is affirmed.
FACTS
On March 8, 2001, Sergeant Brian Strange of the Shreveport Police Department was on duty with other officers, including Detective Derrick Brown and Agent Brian Wheeler, at a traffic stop at the intersection of Arkansas and Milam Streets in Shreveport. Their attention was drawn to a school bus, which locked its brakes because of the wet roadway when a silver-colored Blazer went speeding by and made a southbound turn onto Arkansas Street. The Blazer slid off the roadway and was traveling in a very erratic and reckless manner. The Blazer traveled out of the officers' sight, but returned traveling northbound on Arkansas Street, at which time Sergeant Strange effected a traffic stop of the vehicle.
After stopping the vehicle, Sergeant Strange went to the driver's side of the Blazer and Agent Wheeler went to the passenger's side. Defendant was the driver of the Blazer and Sergeant Strange requested his driver's license, to which Defendant responded that he did not have one. According to Sergeant Strange, Defendant had "real wild looking eyes" and his pupils were "fixed." Defendant's appearance was similar to someone under the influence of cocaine. Sergeant Strange, a 16-year veteran of the Shreveport Police Department, testified that he had encountered numerous persons under the influence of cocaine; and, in his opinion, Defendant's eyes at the time of the stop were similar to a person who was under the influence of cocaine, and he suspected as much.
At this point, Sergeant Strange testified that Defendant was being held for traffic infractions. Fearing, however, that Defendant would attempt to flee in the vehicle, Sergeant Strange asked him to put the vehicle in park, turn off the engine and step out of the vehicle and Defendant complied. Sergeant Strange then asked Defendant to put his hands on the car for a patdown to ensure the officers' safety and Defendant again complied. Sergeant Strange further related:
. . . As I started the patdown I got to Mr. White's front right pants pocket and felt a bulge. Upon feeling this bulge I noted it to be questionable. I asked him, Mr. White, what that bulge was and he said he didn't know. I then asked for consent to go into his pocket and retrieve that item. It was rounded and felt like bubble gum, if you will. But it was questionable in my mind at that point. I asked him for consent, he gave it. I then reasked (sic) him to make sure that he understood the question. He then again gave consent to go into the pocket, at which time I did. . . .
The object that Sergeant Strange retrieved from Defendant's pocket was a large chunk of suspected rock cocaine, along with two smaller rocks. Sergeant Strange did not give any Miranda warnings before he requested permission to go into Defendant's pocket; however, Detective Brown was present during the stop and testified that Sergeant Strange twice requested and received permission from Defendant to enter his pocket. Sergeant Strange also stated that, when he felt the object in Defendant's pocket, he was not concerned for his personal safety from that object.
After obtaining Defendant's name, it was discovered that there were three outstanding city bench warrants for his arrest. Two traffic tickets were issued to Defendant, one for not having a driver's license and the other for careless and reckless operation of a vehicle.
Defendant was initially charged by bill of information with second offense possession of a Schedule II controlled dangerous substance, cocaine. Defendant filed a motion to suppress as evidence the cocaine seized as a result of consent following a patdown search. The above-related facts were presented at the hearing on the motion to suppress. The trial court denied the motion to suppress, finding that the officers had lawful cause to make the traffic stop, that Sergeant Strange had cause to request that Defendant exit the vehicle and had the right to pat down or search Defendant for weapons. Based on Defendant's consent to the search of his pocket, the trial court found the search to be valid. It further noted that, once Defendant was identified as having outstanding arrest warrants, the discovery of the suspected cocaine would have been inevitable on the search incident to his arrest or on the inventory search at the jail, thereby justifying the search under the inevitable discovery rule.
Defendant was tried by a judge on the amended charge of possession of cocaine, after which he was found guilty as charged. Motions for post-verdict judgment of acquittal were filed on behalf of Defendant and by Defendant pro se. Defendant was charged and adjudicated as a third-felony offender. After various other procedural steps, the post-verdict judgment of acquittal motions were denied and Defendant was ultimately sentenced to the agreed term of five years at hard labor, with credit for time served. The sentence was initially imposed without probation, parole or suspension of sentence. Defendant was additionally sentenced to pay court costs, or in default thereof, to serve ten days in the parish jail. After a bench conference, the trial court noted that the five-year sentence is imposed without benefit of probation or suspension of sentence, but that Defendant does have parole eligibility. The trial court further noted that Defendant does not have good time credit under the multiple offender provision. This appeal ensued.
DISCUSSION
Defendant assigns the following as errors on appeal (verbatim):
1. The Trial Court committed error by failing to grant Defendant's Motion to Suppress evidence.
2. Defendant should receive all credit for time served in connection with this matter.
Assignment of Error Number 1: Motion to Suppress
La. C. Cr. P. art. 703, regarding a motion to suppress evidence, provides in pertinent part:
A. A defendant adversely affected may move to suppress any evidence from use at the trial on the merits on the ground that it was unconstitutionally obtained.
* * *
D. On the trial of a motion to suppress filed under the provisions of this Article, the burden of proof is on the defendant to prove the ground of his motion, except that the state shall have the burden of proving the admissibility of a purported confession or statement by the defendant or of any evidence seized without a warrant.
In determining whether a ruling on a motion to suppress is correct, an appellate court is not limited to evidence adduced at the hearing on the motion, but also may consider pertinent evidence given at trial. State v. Daniels, 614 So.2d 97 (La.App. 2d Cir. 1993), writ denied, 619 So.2d 573 (La. 1993).
A trial court's decision to deny a motion to suppress is afforded great weight and will not be set aside unless the preponderance of the evidence clearly favors suppression. State v. Normandin, 32,927 (La.App. 2d Cir.12/22/99), 750 So.2d 321, writ denied, 00-0202 (La. 9/29/00), 769 So.2d 550; State v. Williams, 98-1006 (La.App. 5th Cir.3/30/99), 735 So.2d 62, writ denied, 99-1077 (La. 9/24/99), 747 So.2d 1118.
In the case sub judice, Defendant acknowledges that the original stop was lawful, but questions whether Sergeant Strange was justified in conducting a weapons search which led to the seizure of the crack cocaine. Defendant further argues that the pat down was unwarranted since he was stopped only for traffic violations. He asserts that the only indicator of "abnormality" was his "wild eyes." He emphasizes that Sergeant Strange was not alarmed when he felt the object in Defendant's pocket and that the search did not qualify as a "plain feel" exception to the warrant requirement because it was immediately apparent to Sergeant Strange that the object was not a dangerous weapon. Defendant further argues that his consent to the search was not valid and he was not advised of his right to refuse consent.
The State responds stating that the facts in the instant case were sufficient to support the trial court's determination that the driver's behavior and wild-eyed appearance posed a safety concern for Sergeant Strange. It notes that the trial court's credibility determinations should be accorded great weight. In addition, the State argues that the evidence did not support Defendant's suggestion that the consent was involuntary, noting consent is an exception to the warrant requirement and that no evidence of coercion or duress was adduced. Finally, the State contends that the trial court was correct in observing that Defendant's outstanding bench warrants would have led to the inevitable discovery of the cocaine.
As previously stated, Defendant does not challenge the propriety of the initial stop. We agree that the initial stop was justified. Since Sergeant Strange observed Defendant driving the Blazer in a careless and reckless manner, he was justified in effecting a traffic stop of the vehicle. We will now address the ensuing pat down, seizure of the cocaine and denial of the motion to suppress this evidence.
La. C. Cr. P. art. 215.1, regarding temporary questioning of persons in public places, frisk and search for weapons, provides:
A. A law enforcement officer may stop a person in a public place whom he reasonably suspects is committing, has committed, or is about to commit an offense and may demand of him his name, address, and an explanation of his actions.
B. When a law enforcement officer has stopped a person for questioning pursuant to this Article and reasonably suspects that he is in danger, he may frisk the outer clothing of such person for a dangerous weapon. If the law enforcement officer reasonably suspects the person possesses a dangerous weapon, he may search the person.
C. If the law enforcement officer finds a dangerous weapon, he may take and keep it until the completion of the questioning, at which time he shall either return it, if lawfully possessed, or arrest such person.
D. During detention of an alleged violator of any provision of the motor vehicle laws of this state, an officer may not detain a motorist for a period of time longer than reasonably necessary
to complete the investigation of the violation and issuance of a citation for the violation, absent reasonable suspicion of additional criminal activity. However, nothing herein shall prohibit a peace officer from compelling or instructing the motorist to comply with administrative or other legal requirements of Title 32 or Title 47 of the Louisiana Revised Statutes of 1950.
A frisk is a brief pat down of the subject's outer clothing in order to protect the officer. The object of a frisk is to determine whether the officer is in danger from one armed with a dangerous weapon. Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); State v. Cooper, 36,472 (La.App. 2d Cir.10/23/02), 830 So.2d 440. After a lawful stop, an officer can establish a "substantial possibility" of danger by pointing to particular facts which support such a reasonable inference. State v. Bolden, 380 So.2d 40 (La. 1980), cert. denied, 449 U.S. 856, 101 S.Ct. 153, 66 L.Ed.2d 70 (1980). See also State v. Cooper, supra.
After reviewing the record, and specifically Sergeant Strange's testimony, we conclude the pat down frisk of Defendant was justified. Sergeant Strange testified that Defendant was "wild-eyed" and that he had the appearance of someone on cocaine. The officer was concerned for his safety and that of other drivers in the vicinity. We find these to be sufficiently particular facts from which he reasonably inferred the substantial possibility that Defendant was armed and dangerous. Thus, the circumstances set forth in the record support the conclusion that the pat down was justified.
In addition, we find that Defendant's consent to search his pocket was freely and voluntarily given, thereby justifying Sergeant Strange's search of that pocket. It is well settled that a warrantless search conducted pursuant to a valid consent is permitted by the Louisiana and United States Constitutions. State v. Raheem, 464 So.2d 293 (La. 1985); State v. Crews, 28,153 (La.App. 2d Cir.5/8/96), 674 So.2d 1082. Oral consent to a search is valid. Crews, Id. A consent is valid when it is freely and voluntarily given by a person who possesses common authority or other sufficient relationship to the premises or effects sought to be inspected. State v. Bodley, 394 So.2d 584 (La. 1981); State v. Owens, 480 So.2d 826 (La.App. 2d Cir. 1985), writ denied, 486 So.2d 748 (La. 1986), cert. denied, 479 U.S. 840, 107 S.Ct. 145, 93 L.Ed.2d 87 (1986). While a valid consent search is a recognized exception to the warrant requirement, the burden is on the state to prove that the consent was given freely and voluntarily. Necessarily, voluntariness is a question of fact to be determined by the trial court under the facts and circumstances of each case, which determination is to be given great weight upon appeal because of that court's opportunity to observe witnesses and assess credibility. State v. Edwards, 434 So.2d 395 (La. 1983); State v. Paggett, 28,843 (La.App. 2d Cir.12/11/96), 684 So.2d 1072.
The record in this case shows that Defendant gave his oral voluntary consent to the search of his pocket, and that resulted in the discovery and confiscation of crack cocaine. Sergeant Strange's uncontroverted testimony at the motion to suppress hearing that he twice requested Defendant's permission, and twice received permission, to search Defendant's pocket was corroborated by the testimony of Detective Brown. We find, therefore, that the State met its burden of proving that Defendant's consent, a recognized exception to the warrant requirement, was freely and voluntarily given under the facts and circumstances of this case.
We find no error in the trial court's conclusion that the inevitable discovery rule would have operated in this case to allow the admission of the cocaine into evidence. This rule provides that, when the evidence in question would inevitably have been discovered without reference to the alleged police error or misconduct, there is no nexus sufficient to provide a taint and the evidence is admissible. State v. Drake, 31,528 (La.App. 2d Cir.1/20/99), 733 So.2d 33, writ denied, 99-1060 (La. 9/24/99), 747 So.2d 1117. We find that, because of Defendant's outstanding warrants, the crack cocaine would have inevitably been discovered without reference to any alleged police error or misconduct. The evidence, therefore, even if revealed through an invalid search, would have been admissible under the inevitable discovery rule.
In summary, the initial traffic stop was valid, as was the ensuing pat down, search of Defendant's pocket and seizure of the crack cocaine. We find, therefore, that the trial court properly denied Defendant's motion to suppress.
Assignment of error number 2: Credit for time served/good time
First, we note that both the district court minutes and the transcript of the resentencing reveal that Defendant was given credit for time served. In any event, credit for time served is self-operating under La.C.Cr.P. art. 880; and, therefore, we need not address this argument. Next, regarding Defendant's argument concerning good time, we simply note that eligibility for good time is governed by La. R.S. 15:571.3 C, which is directed to the Department of Corrections exclusively. The sentencing judge has no role in the matter of good time credit-the control of good time in this case is, as mentioned, with the Department of Corrections. We need not address this issue on appeal and, therefore, find this assignment of error to be without merit.
Finally, we note that the trial court erred in ordering Defendant to serve 10 days of jail time if he defaulted on the payment of court costs. An indigent defendant cannot be subjected to default time in lieu of the payment of a fine, costs or restitution. State v. Mack, 30,832 (La.App. 2d Cir.6/24/98), 715 So.2d 126; State v. Hughes, 587 So.2d 31 (La.App. 2d Cir. 1991), writ denied, 590 So.2d 1197 (La. 1992).
It can be concluded from the record that Defendant was and is indigent. He was represented at trial by the Indigent Defender Office and on appeal by the Louisiana Appellate Project. See State v. Williams, 484 So.2d 662 (La. 1986); State v. Kerrigan, 27,846 (La.App. 2d Cir.4/3/96), 671 So.2d 1242; State v. Conway, 604 So.2d 205 (La.App. 2d Cir. 1992), writ denied, 610 So.2d 797 (La. 1993). Defendant's sentence is, therefore, amended to delete the portion that provides for a jail term in the event of default of payment of court costs.
CONCLUSION
For the foregoing reasons, Defendant's, Jimmy Ray White, conviction is affirmed and his sentence is hereby amended to delete the imposition of jail time in the event of Defendant's default on the payment of court costs.
CONVICTION AFFIRMED; SENTENCE AMENDED AND, AS AMENDED, AFFIRMED.
BROWN, C.J., concurs with written reasons.
DREW, J., concurs with written reasons.