People v. Gomez

Opinion

THOMPSON, J.

This is a People’s appeal from an order dismissing an information charging respondent with possession of secobarbital entered after respondent’s motion to suppress evidence of the contraband was granted. We reverse the order.

At 12:11 a.m., on April 30, 1971, respondent was arrested for misdemeanor drunk driving in violation of Vehicle Code section 23102. The arresting officer was of the opinion that respondent was driving his car while intoxicated by alcoholic beverages or a combination of alcoholic beverages and drugs. Respondent concedes that the arrest was legal.…