People v. Furman

Opinion

BROWN (Gerald), P. J.

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After his motion to suppress evidence under Penal Code section 1538.5 was denied, defendant Ronald Furman pleaded guilty to possessing marijuana for sale (Health & Saf. Code, § 11530.5). He appeals the judgment (order granting probation), contending officers did not have probable cause to search his luggage at the San Diego International Airport.

At 3 "p.m. on January 13, 1972, Budd Johnson, a deputy United States Marshal, called Charles McLaughlin, an agent for the California Bureau of Narcotic Enforcement, and told him an informant, known to both men, had said a certain person “might possibly’’ be in possession of narcotics that night at the San Diego International .Airport. The informant said “a white male adult, approximately 25 years of age, six foot tall weighing approxi

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mately 160 pounds who had long brown hair and wearing blue jeans and a gray-green T-shirt would be departing on United Airlines flight 900 leaving San Diego at 12:35 [a.m.] on January [14th] for Portland, Maine, and would be in possession of two suitcases, one large brown suitcase and possibly one small brown suitcase.” The informant had given Agent McLaughlin information during the preceding two years which had led to at least 15 narcotics arrests and convictions.

McLaughlin called United States Customs to have someone come to the airport with a dog trained to detect marijuana odors.

About 11 p.m. McLaughlin went to the airport and stationed himself near the United Airlines check-in counter to await the arrival of the described person.

At 11:45 p.m. McLaughlin saw someone who exactly fitted the description given by the informant enter the terminal and walk directly to the United Airlines ticket counter. The person was carrying a large brown suitcase and a smaller brown suitcase. In court McLaughlin identified Furman as the person who went to the ticket counter. McLaughlin saw a ticket exchange transaction, then Furman placed the large brown suitcase in the area where it is taken by the airline clerk. The clerk gave Furman a baggage stub receipt for the large suitcase, and Furman walked in the direction of the boarding area, carrying the smaller brown suitcase. McLaughlin went to the ticket agent and learned Furman had exchanged a ticket to Portland, Maine, for one to Bangor, Maine.