People v. Foster

The People appeal from an order of the superior court dismissing “in furtherance of justice,” pursuant to Penal Code section 1385, a criminal action in which defendants were charged with possession of marijuana (a violation of Health and Safety Code section 11530). The dismissal immediately followed, and was based upon, the defendants’ successful motion in the same court to suppress the only evidence supporting the charge. The motion to suppress evidence was made under the authority of Penal Code section 1538.5.

At the hearing on the motion the following evidence was produced. A soldier…