People v. Gil

This is an appeal by the People pursuant to Penal Code, section 1238, subdivision 1, from an order setting aside an information charging possession of marijuana in violation of Health and Safety Code, section 11530, a felony, on motion by the respondent under Penal Code, section 995, on the ground that the search of his car by two deputy sheriffs, which was made incident to his lawful arrest for drunk driving, was constitutionally unreasonable. (U.S. Const., 4th Amend.; Cal. Const., art. I, § 19.)

The pertinent facts follow. Two deputy sheriffs stopped respondent in his car after observing…