Weinberg

Defendants Weinberg and Bernstein were jointly charged in four counts with possession for sale of marijuana, possession of mari juana, possession of restricted dangerous drugs and maintaining a place for the purpose of selling marijuana. Upon denial of their motion to suppress the evidence pursuant to section 1538.5, Penal Code, they filed with this court petition for writ of mandamus. Thereafter we issued alternative writ of mandate, and the cause was orally heard. After full consideration of the merits and for the following reasons we discharge the alternative writ and deny the petition.

At the hearing on the motion pursuant to section 1538.5 the following facts were established by way of stipulation which recited the proposed testimony of four postal employees and Officer Kirkwood; no other evidence was offered.

On March 1, 1971, a package was mailed as first-class mail from a branch postal station in Los Angeles to Leah Weinberg in Santa Barbara; when mailed it weighed one and one-half to two pounds and was marked “air mail” and “special delivery” bearing the appropriate stamps. Around 4 a.m. on March 3, 1971, at the Salsipuedes postal facility in Santa Barbara the…