United States v. Richard Robert Payne

Appellant asks reversal of his conviction by a jury on charges of possession of a dangerous drug and encouraging and furnishing a minor with said drug. He claims that the trial court erred in refusing to suppress evidence that was discovered after a warrantless search of a nearby automobile. We agree.

Richard Payne, age 18, traveled with his 17 year old girl friend, Andria, and another young couple, Brian and Mary, from Alameda to spend a weekend camping in Yosemite. They drove up together in Brian’s Volkswagen and after encountering crowded campsites due to the Memorial Day holiday period, were finally assigned No. 118 by a park ranger. During the daylight hours of May 31, 1969, the four hiked and played in the valley and at times were visited by other young people, some of whom arrived in other cars.

Camping nearby with his family was Charles Blackmore, an off-duty San Jose police officer, who was on vacation. His campsite was from 100 to 150 feet away from where Payne and his companions were located and across a roadway. From this distance he claims that at about 5:30 P.M. he saw what appeared to him to be young people smoking a marijuana cigarette and passing it around…