Carpio

On January 5, 1971, a Highway Patrol officer observed petitioner driving south on Highway 101 at a speed of approximately 75 miles per hour. The officer gave chase. When petitioner was aware of the officer he pulled onto the shoulder and then, when the officer was pulling in behind him, petitioner drove back onto the highway, causing the officer to pursue him further. Eventually, petitioner stopped and the officer interrogated him. Petitioner possessed only an expired temporary driver’s license. The officer wrote a citation for the traffic violation and, in the interim, radioed for a warrant check. Petitioner volunteered that he had an unpaid traffic ticket in Imperial County. After a 40-minute delay, the officer was advised that an Imperial County warrant was outstanding for petitioner’s arrest. The officer took petitioner to the jail in Santa Barbara, where he was put through the routine booking process during which he was required to put his personal property on the desk. Included in the property was a closed cigarette package. The booking officer, without petitioner’s consent, opened the package and found two marijuana cigarettes. Petitioner was then arrested for a…