Gill A.C. Stephens v. Attorney General of California J.W. Huskey, Warden
Opinion
Opinion
Per Curiam.
Gill A.C. Stephens filed a petition for writ of habeas corpus in the district court pursuant to 28 U.S.C. § 2254 . The district court denied the petition. We affirm.
I
A detective from the Los Angeles Police Department approached Stephens while he was standing in line to board a Greyhound bus. After talking to Stephens for a few moments, the detective and his partner searched Stephens’ bags and found cocaine. Stephens was arrested and charged in United States District Court for a violation of 21 U.S.C. § 841(a)(1), possession with intent to distribute cocaine.
Stephens maintains that he never consented to the search of his bags. At an eviden-tiary hearing, the district court found that Stephens had not given his consent, held that the search violated the Fourth Amendment, and granted Stephens’ motion to suppress the cocaine. Rather than appealing the order, the United States Attorney dismissed the indictment.
The detectives brought the case to the Los Angeles District Attorney, who prosecuted Stephens under state law in California Superior Court. Stephens again moved to suppress the cocaine. This time, the state judge credited the detectives’ testimony that…