People v. Landry

Defendant was charged by information with the crime of possession of marijuana, a felony. (Health & Saf. Code, § 11530.) A preliminary hearing was had and defendant held to answer. The public defender made a motion in his behalf to set aside the information under Penal Code section 995 upon the ground of lack of probable cause for the entry and search of defendant's apartment and the seizure of the incriminating evidence. The motion was granted and the People appeal from such order.

Evidence was presented at the preliminary hearing that on January 18, 1964, two experienced uniformed policemen…