People v. De Strulle

Defendant was accused in count 1 of violating section 11500 of the Health and Safety Code (possession of cocaine), and in count 2 of violating section 11530 of said code (possession of marijuana). His motion to suppress evidence (Pen. Code, § 1538.5) was denied.. In a nonjury trial he was found guilty as charged on count 1; and count 2 was dismissed in the interests of justice. He appeals from the judgment and sentence.

Appellant contends that evidence obtained from him and from his luggage at an airport was obtained by illegal search and seizure; and that the evidence does not support the judgment.

The People’s case on count 1 was submitted on the transcript of the preliminary examination and the transcript of the hearing on the motion to suppress evidence.

On February 11, 1971, Officer Wingenfeld was a Deputy United States Marshal employed in an “anti-hijack detail” at the Trans World Airlines terminal at Los Angeles International Airport to “keep weapons from going on planes.” In the boarding area of the terminal there were signs, in English and Spanish, that luggage was subject to search; and “announcements are made prior to boarding the aircraft” that luggage will…