People v. Eggleston

Opinion

WHELAN, J.

Audrey Marie Eggleston (defendant) appeals from a judgment termed a probation order imposing a fine of $100 for possession of restricted dangerous drugs, adjudged to be a misdemeanor.

Defendant pleaded guilty following denial of her motion under Penal Code section 1538.5. A second charge of transporting restricted dangerous drugs was dismissed when she pleaded guilty of possession.

The motion to suppress was submitted on the transcript of the testimony at the preliminary hearing, of which a summary is as follows:

At 7:45 p.m. on July 9, 1969, United States Immigration Inspector Acuna, on duty at the San Ysidro Port of Entry, noticed a bright yellow Toyota car with four people in it enter the United States from Mexico. As the Toyota came through the vehicle inspection lane to which he was assigned, Acuna noticed the driver of the car appeared to be very nervous; specifically, he noticed the driver’s jugular vein was throbbing in a manner which appeared to be faster than normal. Acuna placed on the car a yellow sticker which signified the vehicle and its occupants were to be searched

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more thoroughly at the secondary inspection station. Inspector Acuna noticed nothing particularly unusual about the person sitting next to the driver, who was identified as defendant. Neither person appeared to be under the influence and the car was not one for which Acuna had been warned to look out. He did notice that the two persons sitting in the rear of the Toyota seemed to be very young. It was light outside; the overhead lights were on; and he could see the people in the car very clearly. Inspector Acuna did not accompany defendant to the secondary area; he was sure he had not called on the intercom to communicate with the secondary area.

Mrs. Gloria C. Meza was a United States Customs Inspectress assigned to the secondary search area on July 9, 1969, during the evening hours; her first recollection of seeing defendant was in a windowless room used for searches. Inspectress Meza, upon encountering defendant in the search room, noticed nothing unusual about her, and had not received any information about her. Meza directed defendant to take her clothes off. Defendant appeared to fumble with the back of her brassiere underneath her blouse for a period of time longer than would be normally required for a woman to take off her bra. Before removing either blouse or brassiere, defendant handed Inspectress Meza a bottle of pills in a plastic bottle; after defendant had removed all her top clothing, Meza noticed she was attempting to conceal in her hand two plastic bags containing pills. Meza thought both plastic bottle and bags of pills were originally concealed within the brassiere of defendant. Thereafter defendant disrobed completely.