People v. Cummings

Defendant was charged by information with possession of marijuana for sale (Health & Saf. Code, § 11359) and transportation of marijuana (Health & Saf. Code, § 11360).

Defendant personally waived jury trial, was advised of and waived related constitutional rights and stipulated to submission of the case on the transcript of the preliminary examination. He was found guilty as to each count.

Imposition of sentence was suspended and defendant was granted probation for three years.

Facts

At approximately 8:35 p.m. on September 5, 1973, defendant, driving a 1968 Cadillac with Nevada plates, approached the permanent Border Patrol checkpoint about one mile south of Temecula (on Highway 395) and 70 miles north of the United States-Mexican border (hereinafter referred to as Temecula checkpoint).

At the checkpoint defendant was directed to pull off the road for a secondary inspection. Agent Abreu conducted the secondary inspection, the primary inspection having consisted of observation of defendant and his vehicle as it pulled up to the checkpoint. Agent Abreu asked defendant where he was born and received a reply that he was born in the United States. The agent then asked…