Anderson

Petitioner Nicke Anderson was charged in an information with one felony count: possessing cocaine (Health & Saf. Code, § 11350, subd. (a)), and two misdemeanor counts: possessing an injection device (Health & Saf. Code, § 11364) and giving false information to the police (Pen. Code, § 148.9, subd. (a)). Anderson has applied to this court for an order directing the superior court to hold a hearing on her motions to suppress evidence and to dismiss pursuant to Penal Code section 995 and enter an order granting those motions.

Facts

At Anderson’s preliminary hearing, Officer Hopley of the Ontario Police Department testified that he and another officer from the narcotics task force knocked on the door of Anderson’s apartment. The officers did not have a warrant. Anderson, who was alone with a small child, opened the door. Officer Hopley told Anderson he had heard that she or someone else staying there was possibly dealing cocaine and heroin, and he would like to question her about it. Anderson responded that nobody there was dealing anything and the officers could come in and look around all they wanted to. Officer Hopley repeated “several different times [that the officers…