Wade

Donald Wade pleaded guilty to possession of heroin and being under the influence of a controlled substance after his motion to suppress evidence was denied. Although a body cavity search of his person did not strictly conform to California law as expressed in Penal Code section 4030, that statute contains no exclusionary remedy. [1] We find no basis for suppression under federal law and affirm accordingly.

On April 7, 1987, at approximately 8:30 p.m., Santa Ana Police Officers Wiist and Schweitzer observed a vehicle with expired registration stickers. Wiist activated the police car's red spotlight while Schweitzer focused a white spotlight on the car's interior. The officers followed the car for approximately one-half mile and noticed the passenger rise in his seat several times, touching the headliner; and his right shoulder dipped, as though he were trying to adjust something below his waist.

Once the car stopped, Schweitzer asked Wade, the passenger, routine questions and then ordered him out of the car and conducted a patdown search. No contraband or weapons were found. Wiist also spoke with Wade and noticed his movements were slow and deliberate. He…

Donald Wade pleaded guilty to possession of heroin and being under the influence of a controlled substance after his motion to suppress evidence was denied. Although a body cavity search of his person did not strictly conform to California law as expressed in Penal Code section 4030, that statute contains no exclusionary remedy. 1 We find no basis for suppression under federal law and affirm accordingly.

I

On April 7, 1987, at approximately 8:30 p.m., Santa Ana Police Officers Wiist and Schweitzer observed a vehicle with expired registration stickers. Wiist activated the police car’s red spotlight while Schweitzer focused a white spotlight on the car’s interior. The officers followed the car for approximately one-half mile and noticed the passenger rise in his seat several times, touching the headliner; and his right shoulder dipped, as though he were trying to adjust something below his waist.

Once the car stopped, Schweitzer asked Wade, the passenger, routine questions and then ordered him out of the car and conducted a patdown search. No contraband or weapons were found. Wiist also spoke with Wade *307 and noticed his movements were slow and deliberate. He also…

I concur. In the particular facts before us, exclusion is not mandated by the United States Supreme Court. (Winston v. Lee (1985) 470 U.S. 753 [ 84 L.Ed.2d 662 , 105 S.Ct. 1611 ]; Rochin v. California *310 (1952) 342 U.S. 165 [ 96 L.Ed. 183 , 72 S.Ct. 205 , 25 A.L.R.2d 1396 ].) And, of course, we are bound by those decisions. (See People v. Neer (1986) 177 Cal.App.3d 991, 999-1001 [ 223 Cal.Rptr. 555 ].)

Appendix A