United States v. Gary Richard Lovenguth and Lynn Brian Lovenguth

Gary and Lynn Lovenguth appeal from a judgment of conviction based on a jury verdict. They had been charged under 21 U.S.C. § 841 (a)(1) for possession of marijuana with intent to distribute. They assert that the trial court erred in denying their motions to suppress evidence after an allegedly illegal stop and search of their pickup truck. We affirm.

On November 6, 1973, David Morrison, a security officer for Dart Industries, was patrolling in a rural area near Hel-endale, California. At about 10:10 P.M., he heard an- airplane flying overhead at a low altitude. He could not see the plane because its running lights were off. He listened as the plane flew toward and landed at the Helendale airport, an abandoned airstrip about two and one-half miles away.

Morrison then drove with his lights out along the narrow dirt road which passes the airport. He stopped about three-quarters of a mile from the airport and waited. At about 10:30, he heard an airplane rev up and take off. After the plane was in the air, it turned on its lights and dropped a flare over the airport.

At about 10:40, Morrison saw a vehicle with its lights on proceeding down the road from the airport. He…