Howard

Howard appeals a judgment of conviction of possession of marijuana for sale (Health & Saf. Code, § 11530.5).

At 1 a.m. on 3 September 1967 Howard brought two packages to the United Airlines freight terminal in Los Angeles, one a suitcase tied with rope, the other a cardboard box wrapped in brown paper. Neither package had any writing or identification on it. Howard told the air freight agent, David Ventura, to ship the packages to Detroit, he gave Ventura a slip of paper with the consignee’s name and address on it, and he directed the airline to hold the packages for pickup in Detroit rather than deliver them. Howard paid in cash and left. Bevis Walton, Ventura’s supervisor, saw Howard at the air freight counter, and as Howard drove away Walton took down the license number of his vehicle.

Both Ventura and Walton were suspicious of Howard’s packages. Ventura thought the suitcase “looked funny” the way it was wrapped. “The locks weren’t very good and it was wrapped with rope, right around the center of the suitcase. And it did have a handle on it. It was just tied, the knot was tied underneath the handle.” Walton’s suspicions were aroused by the way the suitcase was tied,…

I dissent.

Our opinion reversing Howard’s conviction, filed March 19, 1970, was predicated upon People v. McGrew, 1 Cal.3d 404 [ 82 Cal.Rptr. 473 , 462 P.2d 1 ], and Abt v. Superior Court, 1 Cal.3d 418 [ 82 Cal.Rptr. 481 , 462 P.2d 10 ]. It was vacated on our grant of a rehearing on April 15, 1970. That rehearing, which I voted to deny, was granted by the then majority primarily because of a petition for certiorari pending the decision of the United States Supreme Court in McGrew , which was subsequently denied. ( 398 U.S. 909 [ 26 L.Ed.2d 67 , 90 S.Ct. 1689 ].) Following that, we held this case until now upon the expectation that either McGrew or Abt , sharply criticized in petitions for hearings sought by the People (e.g., People v. Superior Court (Moss r.p.i.), 2d Civ. No. 36125, hg. granted May 15, 1970 ), would be modified or even disapproved. That expectation has now been set aside as false in People v. Lanthier, 5 Cal.3d 751 [ 97 Cal.Rptr. 297 , 488 P.2d 625 ], subscribed to by a unanimous court. As I read Lanthier, Abt and McGrew continue to be binding upon us.

Lanthier , relied upon by the majority, is totally inapplicable to this case on the evidence at bench, even as…

Howard appeals a judgment of conviction of possession of marijuana for sale (Health & Saf. Code, § 11530.5).

At 1 a.m. on 3 September 1967 Howard brought two packages to the United Airlines freight terminal in Los Angeles, one a suitcase tied with rope, the other a cardboard box wrapped in brown paper. Neither package had any writing or identification on it. Howard told the air freight agent, David Ventura, to ship the packages to Detroit, he gave Ventura a slip of paper with the consignee's name and address on it, and he directed the airline to hold the packages for pickup in Detroit rather than deliver them. Howard paid in cash and left. Bevis Walton, Ventura's supervisor, saw Howard at the air freight counter, and as Howard drove away Walton took down the license number of his vehicle.

Both Ventura and Walton were suspicious of Howard's packages. Ventura thought the suitcase "looked funny" the way it was wrapped. "The locks weren't very good and it was wrapped with rope, right around the center of the suitcase. And it did have a handle on it. It was just tied, the knot was tied underneath the handle." Walton's suspicions were aroused by the way the…