Lissauer

Defendant/appellant Lawrence Lissauer pled guilty to possession of marijuana for sale (Health & Saf. Code, § 11359) following denial of his motion to suppress evidence seized during a warrantless search of his automobile. He appeals on the grounds that information provided to the police by Pacific Telephone Company without a warrant, and the warrantless search of his vehicle and a closed container therein, constituted unreasonable searches under the federal (U.S. Const., IV Amend.) and state (Cal. Const., art. I, § 13) Constitutions, rendering the seized marijuana inadmissible. We conclude there was no probable cause for the arrest and search, and reverse.

Subsequent to the conviction and appellate briefing herein, our Supreme Court ruled in In re Lance W. (1985) 37 Cal.3d 873 [ 210 Cal.Rptr. 631 , 694 P.2d 744 ], that independent state grounds supporting the exclusionary rule established in People v. Cahan (1955) 44 Cal.2d 434 [ 282 P.2d 905 , 50 A.L.R.2d 513 ], were abrogated by the provisions of Proposition 8. Proposition 8 applies to all offenses committed on or after its effective date of June 9, 1982. (People v. Smith (1983) 34 Cal.3d 251 [ 193 Cal.Rptr. 692 , 667…