Valenzuela

Defendant Cruz Alberto Valenzuela appeals following a guilty plea to transportation of cocaine (Health & Saf. Code, § 11352, subd. (a)). He contends the trial court erred in denying his motion to suppress evidence seized from his vehicle when he was stopped and questioned at an agricultural inspection station. We agree and reverse.

Facts

The facts are essentially undisputed. Defendant is a resident alien and holds a valid “green card.” On February 10, 1993, defendant was driving along Interstate Highway 10 near Blythe, California. Defendant was driving a Honda automobile with California license plates. Defendant was stopped at an agricultural inspection station located at Blythe.

Defendant came to a stop as required for agricultural inspection. A United States border patrol agent, Joel Hudson, was standing near (within six to eight feet of) the agricultural inspector. Agent Hudson noticed that defendant appeared to be Hispanic. Hudson was standing close enough to overhear the inspector talking with defendant. When the agricultural inspector finished questioning defendant, Agent Hudson stepped forward and asked defendant if he would be willing to move out of the…