People v. Ellsworth

This is an appeal from an order setting aside an information charging the defendant with the offense of possession of marijuana, i.e., a violation of section 11530 of the Health and Safety Code, upon the ground that he had been committed without reasonable or probable cause in that the only evidence of such possession was obtained by an illegal search and seizure.

On the night of August 26, 1960, at 10:45 o’clock, two deputy sheriffs were on patrol duty in the Bonita Mesa area of San Diego County. As the officers drove into a dirt road which had the reputation of being a lover’s lane, was a…