People v. Mayberry

31 Cal.3d 335, 644 P.2d 810 (1982)

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Nature of the Case

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Facts

Officers Cooper and Flores and a fully-trained and qualified narcotics dog were checking all luggage from Florida for evidence of narcotics. The dog alerted the officers to Mayberry's (D) suitcase. When D picked up the suitcase, officer Cooper identified himself and informed D of the dog's alert. D consented to a search of his suitcase. Officer Cooper told D that he had never failed to get a search warrant under similar circumstances. D was advised of his Miranda rights, and the suitcase was opened and found to contain marijuana. The trial court denied D's motion to suppress the evidence. D then pleaded guilty to the charge of transporting marijuana. D appealed; the dog's sniffing of his luggage constituted an unreasonable exploratory search.