People v. Melchor

The People appeal from the trial court’s order dismissing the information which charged defendant with the unlawful possession of narcotics in violation of Health and Safety Code section 11530. The sole question presented on this appeal is whether the officer who arrested defendant had reasonable and probable cause to do so thus justifying the incident search of defendant’s person which disclosed narcotics.

The evidence concerning the arrest and search of defendant consists of the testimony at the preliminary hearing of Inspectors Yasinitsky and Rajewski of the San Francisco Police Department…