Leonard

After a preliminary hearing, Reggie Eugene Leonard, defendant below, was charged by information with a felony violation of section 11351 of the Health and Safety Code, possession of cocaine for purpose of sale, and a misdemeanor violation of Health and Safety Code section 11357, subdivision (b), possession of not more than 28.5 grams of marijuana. It was alleged in conjunction with the felony count that Leonard had suffered a prior conviction within the meaning of Penal Code section 667.5, subdivision (b). At his arraignment, Leonard pleaded not guilty and denied the enhancement allegation.

Leonard brought a motion pursuant to Penal Code section 1538.5 to suppress the contraband, subject of the charges, as it was seized in violation of his Fourth Amendment rights. The trial court received the parties’ points and authorities and held a hearing on June 20, 1986. On July 2, the trial court granted the motion and dismissed the charges.

The People filed a timely notice of appeal.

Facts

On the evening of February 12, 1986, two officers in a marked patrol car stopped a Chevrolet El Camino being driven by Leonard and occupied by two passengers. The officers had seen the car…