Russell

After their motion to suppress evidence (Pen. Code, § 1538.5) was denied, defendants Robert Lawrence Russell and Louis Burks, Jr., pursuant to a plea bargain, pleaded guilty to transportation of cocaine (Health & Saf. Code, § 11352, subd. (a); undesignated statutory references are to the Health and Safety Code). They were sentenced to prison and now appeal, contending the trial court erred in denying the suppression motion. We reject the contention and shall affirm.

Factual and Procedural Background

In April 1998, an information was filed charging defendants with (1) possession and use of a false compartment to transport a controlled substance (§ 11366.8); (2) possession of cocaine for sale (§ 11351); (3) transportation of cocaine (§ 11352, subd. (a)); (4) transportation of cocaine between noncontiguous counties (§ 11352, subd. (b)); (5) carrying of concealed weapon by Burks (Pen. Code, § 12025, subd. (a)(1)); and (6) possession of cocaine while armed with a firearm (§ 11370.1). It was also alleged the amount of cocaine exceeded four kilos (§ 11370.4, subd. (a)) and that Burks had two prior narcotics convictions (§ 11370.2, subd. (a)) and had served two prior prison…

I concur in the result. The scope of appellate review of factual findings is exceedingly narrow. I agree there is substantial evidence to support the trial court’s findings in this case. The initial traffic stop was justified by the officer’s observation of erratic driving; that the driving did not result in a traffic citation is of no moment. However, the length of the ensuing detention raises difficult factual issues. Nevertheless, I agree the detention was properly prolonged to evaluate the driver’s fitness and to make further inquiry into possible drug trafficking. The officer could reasonably suspect drug activity based on two critical facts: the heavy masking odor and the contradictory statements of the vehicle occupants. The officer’s additional investigative steps were reasonable and the consent to search, secured during the course of the inquiry, was valid.

*107 While other facts discussed in the opinion are not without significance, their persuasive force would be limited in the absence of these critical facts. Thus, viewed in isolation, I would draw no criminal inferences from the fact two males, of any particular ethnicity, were traveling late at night from Los…