People v. Rios

By information defendant was charged with one count of possessing marijuana in violation of Health and Safety Code, section 11500, a felony, and one prior conviction of violating the same section. His motion to set the information aside (see Pen. Code, § 995) was granted on the ground that all of the evidence of the crime other than admissions was obtained by an illegal search of his person in violation of his constitutional rights. The People appeal.

At the preliminary hearing Deputy Sheriff Henry of Los Angeles County testified that on May 27,1955, he observed defendant sitting behind the…