Lester

Duster’s Detection

Roy Lester appeals the judgment after he pleaded guilty to possessing marijuana for sale (Health & Saf. Code, § 11359) following the denial of his motion to suppress evidence (Pen. Code, § 1538.5). He received probation upon conditions, among them confinement to the sheriffs custody for 120 days and 500 hours of volunteer work in San Diego. These conditions were stayed pending appeal.

Lester, a law student in San Diego, went to Florida for a couple of days and returned with more than 10 pounds of hashish. He got caught *615 under circumstances where Duster the dog played no small part. Lester’s Fourth Amendment rights remained intact.

Alexander, a United States Department of Justice official in San Diego, received a tip from the Ft. Lauderdale sheriff’s office that Lester was suspected of carrying narcotics in his luggage on his flight to San Diego. A thorough description of Lester and his luggage was given. Alexander obtained the services of Duster and his handler from the United States Customs. When Lester’s flight arrived, his bag was placed on the conveyer belt for transportation to the public baggage area. Alexander, who with other agents had…

A petition for a rehearing was denied February 19, 1980, and appellant’s petition for a hearing by the Supreme Court was denied April 10, 1980. Newman, J., was of the opinion that the petition should be granted.

The United States Supreme Court denied a petition for writ of certiorari on October 20, 1980.

BROWN (Gerald), P.J. —

Roy Lester appeals the judgment after he pleaded guilty to possessing marijuana for sale (Health & Saf. Code, § 11359) following the denial of his motion to suppress evidence (Pen. Code, § 1538.5). He received probation upon conditions, among them confinement to the sheriff's custody for 120 days and 500 hours of volunteer work in San Diego. These conditions were stayed pending appeal.

Lester, a law student in San Diego, went to Florida for a couple of days and returned with more than 10 pounds of hashish. He got caught under circumstances where Duster the dog played no small part. Lester's Fourth Amendment rights remained intact.

Alexander, a United States Department of Justice official in San Diego, received a tip from the Ft. Lauderdale sheriff's office that Lester was suspected of carrying narcotics in his luggage on his flight to San Diego. A thorough description of Lester and his luggage was given. Alexander obtained the services of Duster and his handler from the United States Customs. When Lester's flight arrived, his bag was placed on the conveyer belt for transportation to the public baggage area. Alexander, who with other agents had…