People v. Superior Court

Defendants were charged with possession of marijuana in violation of section 11530 of the Health and Safety Code. They moved to suppress the evidence pursuant to Penal Code section 1538.5 and to dismiss the information pursuant to section 995 of the Penal Code; both motions were granted. The People appeal from the order of dismissal and seek a writ of mandate to vacate the order of suppression. Since the court granted both motions because it concluded that the incriminating evidence against defendants was the product of an unlawful search and seizure, we have consolidated the appeal with the mandamus proceeding. ( People v. Superior Court, 276 Cal. App.2d 581 [ 81 Cal. Rptr. 42 ].)

On February 20, 1971, between 4 and 4:30 a.m., a black hearse, occupied by four young men, entered Cecil and Jim's Mobil Station at Pixley, California. The driver ordered $5 worth of gasoline, and to pay for the purchase someone in the car handed the attendant, Charles Banes, a credit card issued in the name of one "Annette Ross." Banes did not see a female occupant in the vehicle, and because he was under instructions to "check out" all credit cards used for purchases made after…