United States v. Erlinda Grajeda

Erlinda Grajeda appeals from a judgment of conviction, after a trial to the court, on four counts of possession of stolen mail in violation of 18 U.S.C. § 1708 . Imposition of. sentence was suspended and Grajeda was put on probation for five years. We affirm.

The sole issue before us is whether the district court erred in denying appellant’s motion to suppress certain evidence.

About 3:17 a. m., January 12, 1976, California Police Officer Steve Arnds, while on routine motor patrol in Santa Ana, stopped Grajeda who was driving an old and worn car, the right rear tire of which had no tread remaining, a violation of California Vehicle Code § 27465(b). She appeared nervous and first said she was Vella Car-diel, offering a temporary California driver’s license in that name. She was unable to produce the registration slip of the car, but said it was not hers.

When Arnds requested other identification, Grajeda turned her back on the officer and rummaged through her purse which was on the seat beside her. Arnds felt that her actions in so doing were furtive — as though she was trying to keep him from seeing what her purse contained. She produced no other identification. Then,…