People v. Abbott

Opinion

CHRISTIAN, J.

The People appeal from an order setting aside an information which charged respondent Thomas G. Abbott with possession of of marijuana (Health & Saf. Code, § 11530). The question is whether the marijuana which was discovered in Abbott’s possession was disclosed as the result of an unlawful assertion of police authority. The Attorney General’s brief contains an accurate summary of the evidence heard at the preliminary hearing bearing on the question of lawfulness of seizure of the contraband:

“On February 14, 1968, Officer David C. Dugger of the San Francisco Police…