People v. Schultz

Plaintiff appeals from an order granting defendants’ motion under Penal Code section 995, to set aside an information charging them with the offense of possession of marijuana. The motion was based on the ground the only evidence at the preliminary hearing supporting the charge was the product of an unlawful search and seizure. The search was made without a warrant. Defendants assume it was made as an incident to a lawful arrest and contend probable cause to arrest did not exist; the arrest was illegal; and the incidental search was unlawful. Apparently this thoery was adopted by the trial…