People v. Daugherty

Defendant, Lenda Daugherty (Daugherty) appeals from a denial of a motion to suppress evidence pursuant to Penal Code section 1538.5. Upon denial of the motion to suppress, Daugherty pleaded nolo contendere to one count of the sale/transportation/offer to sell a controlled substance in violation of Health and Safety Code section 11352, and reserved her right to appeal the denial of the motion to suppress. On appeal, Daugherty contends the evidence was the fruit of an unlawful detention. We conclude Daugherty was not detained at the time police encountered her at the airport, and alternatively, if she was detained, the detention was lawful. We therefore affirm the judgment.

Facts and Proceedings Below

On May 3, 1995, Detective James Gillespie (Gillespie), a Los Angeles Police Department narcotics unit investigator, was patrolling the Burbank Airport for possible drug couriers. At approximately 1:20 p.m. that day, Gillespie noticed Daugherty exiting a vehicle at the front of the terminal. The investigator was approximately 20 feet away from her.

Gillespie decided to observe Daugherty because he thought it unusual she did not exchange good-byes or remarks with the…