People v. Upton

The People appeal from an order setting aside the information charging defendant with possession of marijuana and possession for sale of marijuana (Health & Saf. Code, §§ 11530, 11530.5), following a motion by defendant under Penal Code section 995.

The questions presented are, first, whether the marijuana found in the trunk of the automobile that defendant was driving was the product of an illegal search, and, second, whether there was sufficient cause to hold defendant to answer (Pen. Code, § 872). We hold that the marijuana was the product of a legal search; that there was sufficient cause…