People v. Van Sanden

The People appeal from an order granting defendant’s motion under section 995 of the Penal Code to dismiss an information charging him with possession of marijuana.

On August 12, 1967, Officer MacNeil of Fairfax observed an old van with psychedelic painting on it making a turn onto Sir Francis Drake Boulevard. From his position, he could not see any front license plate, so he stopped the van because of the supposed lack thereof. However, without first checking on his supposition, he went directly to the driver, defendant VanSanden, and asked for his driver’s license. Defendant did not have a…