Goodyear

Introduction

Defendant Richard Goodyear (hereinafter defendant) appeals from a judgment entered on a plea of guilty to possession of amphetamines for the purpose of sale in violation of Health and Safety Code section 11378 on the ground that his motion to suppress under Penal Code section 1538.5 was improperly denied.

The Case

The reporter’s transcript reflects the following: On the morning of October 8, 1975, at approximately 7:50 a.m., Michael Lomax, a customer service agent employed at United Airlines, while on duty in the lobby of Los Angeles International Airport, was approached by defendant who announced that he was late for his flight and requested Mr. Lomax to check in his bag. Mr. Lomax checked defendant’s ticket and noticed that he was booked on an 8 a.m. flight to Milwaukee. He informed defendant that because the bag was so small he could carry it on board the plane. He further advised defendant that he could not guarantee that the bag if checked through would get on the same plane; it might go on a later flight. Defendant nonetheless told Lomax to check the bag. Mr. Lomax did so; he marked “V.S.” (“voluntary separation”) on the baggage tag; and handed…