People v. Buckley

Opinion

SABRAW, J.

This is an appeal by the People from an order dismissing the information pursuant to Penal Code1 section 995. The evidence which was introduced at the May 11, 12 and June 3, 1983, preliminary hearing may be summarized as follows:

At approximately 8:30 p.m. on the evening of January 11,1983, members of the Oakland Police Department conducted a search pursuant to warrant at 1717 Peralta Street, Oakland. The purpose of the search was to uncover evidence of illegal drug trafficking. Entry into the residence was made at about 8:35 p.m. Since the officers were aware of the hazard of…