People v. Pompei

The State appeals from an order granting respondent Pompei’s motion to dismiss (Pen. Code, §995) an indictment charging him with keeping and occupying premises for the purpose of bookmaking (Pen. Code, § 337a, subd. 2), recording and registering bets (Pen. Code, § 337a, subd. 4) and offering or accepting bets (Pen. Code, § 337a, subd. 6). The questions on appeal are: 1) the existence of reasonable or probable cause for the arrest without a warrant; 2) the lawfulness and reasonableness of the search of respondent’s apartment; and 3) the sufficiency of the evidence presented to the grand jury…