Following denial of his suppression motion, defendant pleaded guilty to possession of marijuana for sale. Defendant had approached the Needles, California plant quarantine inspection station in a vehicle bearing Michigan license plates. The quarantine officer, feeling that a more detailed inspection was necessary, identified himself and requested to look into defendant's vehicle trunk. Defendant opened the trunk for the officer's inspection. Inside were 200 to 300 pounds of marijuana wrapped in plastic. The officer reached in and took a pinch of the substance to inspect it. He discussed the substance with defendant and they agreed that it appeared to be compost, although the officer in fact suspected that it was marijuana. The officer gave defendant a clearance slip and defendant drove away. The officer then contacted the California Highway Patrol, showed them a sample of the substance, which had fallen to the ground during the inspection of the trunk, and the Highway Patrol thereafter apprehended defendant. (Superior Court of San Bernardino County, No. VCR 517, Joseph A. Katz, Judge.)

The Court of Appeal affirmed the conviction, holding the quarantine officers may stop motorists at inspection stations and request to look into the trunks of their vehicles without a warrant or probable cause, and that if the motorist voluntarily opens the trunk, the quarantine officer may look therein and remove any plant materials in plain view for further inspection. The court rejected defendant's suggestion that a sign should be placed at inspection stations or quarantine officers should advise motorists that they may refuse to give their consent to any search. (Opinion by Gardner, P. J., with McDaniel and Morris, JJ., concurring.)


Read full case here: People v. Dickinson, 104 Cal. App. 3d 505, 163 Cal. Rptr. 575 (Ct. App. 1980), https://law.justia.com/cases/california/court-of-appeal/3d/104/505.html

https://en.wikipedia.org/wiki/California_Border_Protection_Stations

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