People v. Gale

By information defendant was charged with one count of possessing a narcotic in violation of Health and Safety Code, section 11500, a felony. His motion to set the information aside (see Pen. Code, § 995) was granted on the ground that all of the evidence against him was obtained by an illegal search and seizure in violation of his constitutional rights. The People appeal.

Defendant was arrested after he had stopped at approximately 12:15 a. m. on April 9, 1955, at the San Diego County sheriff’s check station at the Mexican border. He was driving toward Mexico with a friend in a car registered…