People v. Ford

California Court of Appeal Apr 11, 1969 No. Crim. 3295Published

Before: Brown (Gerald)

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Holding. The court held that a warrantless search of an impounded vehicle is reasonable when law enforcement has probable cause to believe it contains contraband, and that circumstantial evidence, including a defendant's contradictory statements, is sufficient to establish guilty knowledge of narcotics possession.

Issues

Whether a warrantless search of an impounded vehicle is constitutional when based on probable cause to believe it contains contraband.
Whether the evidence was sufficient to establish the defendant's knowledge of the presence of marijuana in the vehicle.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The rule applicable here is the police may search a motor vehicle when they have reasonable cause to believe it contains contraband.”

“The true test is reasonableness of the search.”

“Such deception raises a reasonable inference Ford had guilty knowledge of the bulk marijuana concealed in the car.”

BROWN (Gerald), P. J.

Henry Irvin Ford appeals from a judgment convicting him, after court trial, of possessing marijuana for sale (Health & Saf. Code, § 11530.5), and transporting marijuana (Health & Saf. Code, § 11531).

Ford contends the marijuana evidence leading to his arrest and conviction was discovered during an illegal, warrantless search of an automobile he had borrowed. He also claims the evidence was insufficient to show he knew the marijuana was in the ear, or to show he had sole and exclusive control of the car when it was searched and for six days before the search.

On January 18, 1968, David Fuentes, a state narcotics agent, learned an old model Packard sedan with compartments built into its fender wells was being used regularly to smuggle narcotics into the United States from Mexico. On February 12, 1968, Fuentes learned an old Packard had been impounded by the California Highway Patrol somewhere in Oceanside on February 7, 1968. Fuentes went to the garage where the car was impounded; noticed both front fenders showed signs of paint or damage repair; looked under the fender area; smelled an odor of marijuana coming from both front fenders; saw panels had been welded or attached to the front fender wells; and saw the corner of what appeared to be a red kilo brick package which he suspected contained marijuana.

Fuentes attempted to enlist the aid of the sheriff’s department to obtain a search warrant. He was unable to locate the two deputy sheriffs working in the Oceanside area. He tried to contact the deputy district attorney in charge of the Oceanside office but he was out for the day. Fuentes called two of the San Diego based deputy district attorneys, but was unable to contact them. February 12 was Lincoln’s birthday, a court holiday.

Finally, Fuentes contacted the Highway Patrol office which sent Sgt. McDaniels and Officer Steriagle to assist him. Sergeant McDaniels said the ear had been impounded February 7, 1968, when its driver, defendant Ford, was arrested for traffic violations. Ford was scheduled to appear in court Feb

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ruary 13, but had been released from custody pending the hearing.

Fuentes and the patrol officers removed the headlights of the Packard and found 50 kilo bricks of marijuana in the fender wells.

People v. Ford

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