People v. Soto

Defendant was charged with unlawful possession of heroin, and with a prior conviction of the same offense. After being held to answer, defendant moved, under section 995 of the Penal Code, to dismiss the information. The trial court, on the ground that the sole evidence against defendant had been secured illegally, and was, therefore, inadmissible, dismissed the information. The People appeal.

The first question presented is whether or not the superior court properly may pass upon the admissibility of evidence allegedly the product of an unlawful search or seizure in a proceeding under section…