People v. Evans

Defendant was charged by information with the unlawful possession of a narcotic, to wit, marijuana. The trial court dismissed the information under section 995, Penal Code, on the grounds that the only evidence against defendant was the product of an illegal search conducted incident to an arrest unauthorized by law.

The evidence presented at the preliminary examination in, the municipal court showed that on April 18, 1959, at about 1:45 a.m., Police Officer Kennedy observed the defendant and another person crossing Third Avenue at “E” Street against a red light and in front of approaching…