Scott

Found guilty by a jury of two counts of importing marijuana into the state (Health & Saf. Code, § 11531), and two counts of possessing marijuana for sale (Health & Saf. Code, § 11530.5), defendant was sentenced to concurrent prison terms on the importation counts. Sentence on the charges of possession for sale was stayed. Defendant appeals.

The core issue is whether the airport manager who found marijuana acted as a private citizen, to whom the rule excluding evidence seized in violation of the Fourth Amendment is inapplicable.

Appellant left his automobile, parked and unattended, under the wing of his airplane in an area reserved for airplane parking. Under airport safety regulations, vehicles other than airplanes were not permitted in this area. An airport employee reported the presence of the automobile to the airport manager, who went to the car intending to remove it himself or to find the owner in order to arrange for him, if he could be found somewhere in the airport, to remove it. The manager entered the car to seek the ignition key or the registration certificate. He found neither in the area of the front seat of the car, but noticed a burlap bag on the floor…