I respectfully dissent.
Independent of the statement that appellant alleges to have been the product of a Miranda violation, the marijuana flakes visible on appellant’s shirt and lap supplied sufficient probable cause to search for more contraband in the interior of his car and in the briefcase located therein. (See Wimberly v. Superior Court (1976) 16 Cal.3d 557, 564 [128 Cal.Rptr. 641, 547 P.2d 417].) It is thus unnecessary to consider the Miranda problem for purposes of determining probable cause. (Cf. People v. Herdan (1974) 42 Cal.App.3d 300, 309-310 [116 Cal.Rptr. 641].)
The warrantless search of the briefcase, however, required more than probable cause. Once closed luggage such as a briefcase is brought within the exclusive control of law enforcement officers, a warrantless search requires exigent circumstances as well. (United States v. Chadwick (1977) 433 U.S. 1, 15-16 [53 L.Ed.2d 538, 550-552, 97 S.Ct. 2476]. Accord, Arkansas v. Sanders (1979) 442 U.S. 753, 766 [61 L.Ed.2d 235, 246, 99 S.Ct. 2586]; United States v. Schleis (8th Cir. 1978) 582 F.2d 1166, 1170; People v. Dalton (1979) 24 Cal.3d 850, 860 [157 Cal.Rptr. 497, 598 P.2d 467], cert. den. 445 U.S. 946 [63 L.Ed.2d 781, 100 S.Ct. 1345]; People v. Minjares (1979) 24 Cal.3d 410, 423 [153 Cal.Rptr. 224, 591 P.2d 514], cert. den. 444 U.S. 887 [62 L.Ed.2d 117, 100 S.Ct. 181].)
Exigent circumstances justifying a warrantless search of closed luggage normally occur within the context of threats to the safety of peace officers or to the preservation of evidence. (See, e.g., United States v. Chadwick, supra, 433 U.S. at p. 15 [53 L.Ed.2d at p. 550]; Arkansas v. Sanders, supra, 442 U.S. at pp. 759, 766 [61 L.Ed.2d at pp. 241, 246]; People v. Dalton, supra, 24 Cal.3d at p. 857.) But such circumstances were also present under the unusual facts of this case. The officers had probable cause to search appellant’s briefcase, but did not yet have probable cause to detain him, because his possession of less than an ounce of marijuana (the flakes of marijuana on his shirt and lap) did not justify a custodial arrest. (Health & Saf. Code, §§ 11357, subd. (b), 11360, subd. (b). Cf. Arkansas v. Sanders, supra, 442 U.S. at p. 766 [61 L.Ed.2d at p. 246] [warrant required where police have lawfully detained suspect and secured his briefcase].) Even if the officers seized the briefcase and kept it until they secured a search warrant, ap*907pellant could have fled the jurisdiction before the officers obtained a warrant and found probable cause to arrest him.
The court thus did not err when it denied appellant’s motions to dismiss the information and to suppress evidence. The warrantless search of his briefcase was justified by both probable cause and exigent circumstances.
I would affirm the judgment.