United States v. William Joseph Solomon

Before WALLACE and SNEED, Circuit Judges, and CRARY, District Judge.

Solomon appeals his conviction of possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841 (a)(1) after a trial to the court on stipulated facts. He asserts that the trial court erred in denying his motion to suppress evidence and statements which were the product of an allegedly illegal stop and search of the car he was driving. We affirm.

On July 19, 1974, Officer Sonka of the California Highway Patrol received a call from an Ocotillo, California, service station owner. He related that a suspicious late-model Mercury had just left his station heading west on Interstate Highway 8. The car was covered with desert dust and had two one-gallon water jugs in the back seat. The lone male driver appeared unfamiliar with the car in that he did not know how to unlatch the hood and was not aware that the car was equipped with a coolant recovery system. The caller thought that the car was either stolen or engaged in smuggling.

Officer Sonka began pursuit of the described car. A radio check revealed that it was registered to Lisa Diane Williams and had not been reported stolen. Sonka…