People v. Superior Court

Opinion

WOODS, P. J. By this proceeding in mandate pursuant to Penal Code section 1538.5, subdivision (o), the People seek to vacate an order to the extent it grants a defense motion to suppress evidence. The court order suppressed the contents of envelopes seized from defendant’s automobile and later opened at a police station.

The material facts, adduced at the hearing on the suppression motion, are not in dispute. On April 20, 1981, Thailand National Police intercepted seven envelopes mailed in Thailand bearing one of three Los Angeles addresses (none bearing defendant’s name) and one of two Bangkok return addresses in similar handwriting. The envelopes are business size, white airmail envelopes with red and blue striped borders. The police discovered heroin in the envelopes and turned them over to the United States Drug Enforcement Agency (DEA) in Bangkok with advisement as to their contents. The DEA in Bangkok forwarded the envelopes to the DEA in Washington, D.C., which in turn forwarded the envelopes to the United States Customs Service in Los Angeles. The envelopes were there opened for the first time by United States authorities by an officer of the Customs Service on or about May 15, 1981, in the presence of Los Angeles Police Officer Engelhardt, who is an expert in the field of controlled substances. Each envelope was observed to contain a white powder which was chemically identified as heroin. Officer Engelhardt also observed that one envelope contained some 35 millimeter slides and tissue paper.

[120]Three of the envelopes were resealed and released to the United States Postal Service on May 21, 1981, for controlled delivery under surveillance to 11100 Cumpston Street, Los Angeles. That same day the envelopes were delivered as addressed into two Cumpston Street business mailboxes at approximately 1:15 p.m. Officers observed defendant drive up in a Ford van and remove the envelopes from the mailboxes. He returned to his vehicle and placed the envelopes under the front seat. He walked back into one of the addressed buildings, without any of the envelopes, and after a short time returned to his vehicle and drove away.

Officer Engelhardt, who was in an unmarked vehicle, was informed by police radio of defendant’s conduct and the description of his van. Officer Engelhardt began to follow defendant’s automobile one block from the Cumpston address. Other officers had the house at 12331 Saticoy Street1 under surveillance and observed defendant arrive there at approximately 2 p.m. Officer Engelhardt there saw defendant remove what he believed to be all three envelopes from under the front seat of the parked vehicle, place them in his pants pocket, and enter the house. Officer Engelhardt recognized the red and blue borders as similar to those on the envelopes opened by customs on May 15. Officer Engelhardt then left to obtain a search warrant. His affidavit requesting the warrant stated his belief that all three envelopes were located within the Saticoy residence.