Stage
People v. Stage
Opinion
Opinion
Brown, J.
John Arthur Stage appeals from a probation order, deemed a final judgment, based on his conviction of visiting a place where marijuana was used (Health & Saf. Code, § 11556), following his plea of guilty to that charge. The trial court had denied Stage’s motion to suppress marijuana and dangerous drug evidence found in his jacket. Stage’s appeal thus questions only the legality of the search which revealed the contraband (Pen. Code, § 1538.5).
Together with three companions, Stage traveled to the International Border line with Mexico at San Ysidro in a car driven by one of them, Smiley. Another companion named Mullen owned the car. One of the group was 17 years old. Stage appeared young but was over 18. He was wearing a green plaid jacket.
The San Diego Police maintain a vehicle inspection station located in San Ysidro about 75 feet north of Mexico. San Diego Police Officer Mueller, manning the inspection station, stopped Stage and his companions because they appeared young to him. Mueller asked for identification, was dissatisfied with the identification given him by the 17-year-old, and ordered the youths out of the car and into the police check point office.