People v. Urfer

The People appeal from an order granting defendant’s motion, under section 995 of the Penal Code, setting aside an information charging her with possession of marijuana. The motion was based on the ground that the evidence presented at the preliminary hearing was the product of an unlawful search and seizure. At issue was the question whether there was a valid consent to the entry of the residence where the marijuana was found. In granting the motion, the court below (which did not state any reason for its ruling) apparently concluded that there was no valid consent.

In November 1967 Rudolph…