Whyte

The People appeal from an order of Marin County Superior Court granting a motion to suppress and dismissing an information for the import and transport of hashish in the State of California in violation of section 11360, subdivision (a), of the Health and Safety Code.

Uncontroverted evidence produced at a preliminary examination and made part of the record at the hearing de novo revealed that on April 9, 1977, Douglas Ross, a United States Customs agent, was working with a specially trained dog at the foreign import section of the San Francisco Airport cargo shed when the dog began scratching at six large bales of burlap. Ross notified Inspector Kaufman and they opened one bale. They found approximately 30 ounces of hashish in a laminated board in the center of the bale. All bales were taken to the customs office for security.

The shipping document for the burlap indicated that the shipper was “John Michael Whyte, c/o the Taj Mahal Hotel, Bombay India,” and the recipient was “John Michael Whyte, c/o the Asiatic Galleries, 335 San Anselmo Avenue, San Anselmo, California.” Respondent rented space at the San Anselmo address.

On April 12, 1977, respondent contacted the…