Riegler

In this case we consider the applicability of the contain-. er decisions to wrapped and sealed packages arriving by overseas mail which are opened by customs officials, resealed, delivered in a controlled delivery with a search warrant for the residence of the addressee, seized in a vehicle approximately 100 miles from that residence, returned to the city of the addressee, and subsequently opened by law enforcement officers without first obtaining a search warrant to open the packages. We conclude that while the seizure was proper, the warrantless search was not.

In the instant case Riegler pled guilty to a charge of possession of marijuana for sale after his motion to suppress was denied. He appeals asserting error in denial of the suppression motion.

The facts are these:

Relying on United States v. Chadwick (1977) 433 U.S. 1 [ 53 L.Ed.2d 538 , 97 S.Ct. 2476 ], People v. Minjares (1979) 24 Cal.3d 410 [ 153 Cal.Rptr. 224 , 591 P.2d 514 ], and their progeny of container cases, Riegler asserts that a search warrant for the packages should have been obtained before the packages were opened in Merced. We agree.

We reject the contention that Riegler had a lesser…