Robbins

Jeffrey Richard Robbins appeals from a judgment of imprisonment which was rendered after a jury found him guilty of possession of marijuana (Health & Saf. Code, § 11357), possession of marijuana for sale (Health & Saf. Code, § 11359), and transportation of marijuana (Health & Saf. Code, § 11360).

On May 9, 1978, in an unpublished decision, this court modified the judgment to stay the sentence for possession of marijuana for sale, and affirmed the judgment as modified.

The United States Supreme Court subsequently dealt with the problem of search of a closed container found in an automobile in Arkansas v. Sanders (1979) 442 U.S. 753 [ 61 L.Ed.2d 235 ; 99 S.Ct. 2586 ]. The *38 court then granted certiorari in the present case, vacated this court’s decision and remanded the cause to us for further consideration in light of Arkansas v. Sanders .

Although the appeal is from a judgment after trial, the principal challenge is to the propriety of a pretrial order denying a motion to suppress evidence (Pen. Code, § 1538.5). Therefore the following narrative is based not on the trial record, but on the evidence received at the hearing on the motion to suppress evidence.

On…

I respectfully dissent. I agree that the judgment of conviction must be reversed as to the contents of the cookie tin found in the passenger compartment of appellant’s station wagon, and as to the contents of the tote bag found in the luggage compartment, but I reach the same conclusion as to the contents of the “plastic wrapped” packages found with the tote bag. Because I would therefore reverse the judgment in its entirety, contrary to part I of the majority opinion, I need not reach the points discussed in parts II and III.

In declaring closed containers to be generally within the protection of the Fourth Amendment against warrantless searches, the United States Supreme Court excepted only those containers which “by their very nature cannot support any reasonable expectation of privacy because their contents can be inferred from their outward appearance.” (Arkansas v. Sanders (1979) 442 U.S. 753, 764, fn. 13 . [ 61 L.Ed.2d 235, 245 , 99 S.Ct. 2586 ] [quoted in the majority opinion].) The most demonstrative evidence of the “outward appearance” of the two packages in question is the photograph mentioned in the majority opinion. It depicts only one of the packages as Officer…

Jeffrey Richard Robbins appeals from a judgment of imprisonment which was rendered after a jury found him guilty of possession of marijuana (Health & Saf. Code, § 11357), possession of marijuana for sale (Health & Saf. Code, § 11359), and transportation of marijuana (Health & Saf. Code, § 11360).

On May 9, 1978, in an unpublished decision, this court modified the judgment to stay the sentence for possession of marijuana for sale, and affirmed the judgment as modified.

The United States Supreme Court subsequently dealt with the problem of search of a closed container found in an automobile in Arkansas v. Sanders (1979) 442 U.S. 753 [ 61 L.Ed.2d 235 ; 99 S.Ct. 2586 ]. The court then granted certiorari in the present case, vacated this court's decision and remanded the cause to us for further consideration in light of Arkansas v. Sanders .

Although the appeal is from a judgment after trial, the principal challenge is to the propriety of a pretrial order denying a motion to suppress evidence (Pen. Code, § 1538.5). Therefore the following narrative is based not on the trial record, but on the evidence received at the hearing on the motion to suppress…