Dickens

Warren Lewis Dickens appeals from a judgment con-

victing him of possession of methamphetamine. (Health & Saf. Code, § 11377, subd. (a).) He challenges a ruling denying his motion to suppress evidence obtained as a result of a search incident to his arrest. He alleges he was unlawfully arrested on a warrant issued for the same charges on which he had previously been arrested, booked, and released on his own recognizance with a pending court arraignment date. We find this contention meritorious, and therefore reverse the judgment.

Facts

On September 17, 1979, the Ontario Federal Express office received a package for shipment to San Jose. The package was to be held at the San Jose airport for pickup by addressee “Wally Dickens.” The party mailing the package would not, however, give a local phone number for addressee to be contacted upon the parcel’s arrival. The Federal Express clerk became suspicious due to the lack of information provided, and after the customer left the office, opened the package for inspection. A plastic vial containing a white powdery substance was found inside. The Ontario Police Department was contacted, the white substance was tested and found…