Weaver

Nature of Appeal:

The People appeal an order setting aside one count of a two-count information alleging possession of phencyclidine (hereinafter PCP) and driving while under the influence of alcohol and drugs. They contend that the court erred in setting aside the count alleging possession of PCP as probable cause was established to justify its warrantless seizure. We agree and reverse the order.

Facts—From Preliminary Hearing:

Two Sheriff’s deputies on duty at night observed a Honda automobile creeping along at approximately five miles per hour, weaving between two lanes, its engine racing. As they watched, the vehicle paused for a traffic light, then resumed its weaving course of travel, again at five miles per hour. Respondent, the driver, and her male passenger were staring straight ahead and failed to respond to the deputies when they pulled abreast of them to inquire as to the manner of driving.

Thereafter, the deputies pulled to the rear of respondent’s automobile, activated their warning and spotlights, then sounded the horn in an effort to gain her attention. Receiving no response, they again pulled abreast of the weaving vehicle and orally commanded the…