Stern

Petitioner seeks a writ of prohibition to bar criminal proceedings against him in the Superior Court of Los Angeles County.

By information, petitioner was charged with possession of marijuana for sale in violation of Health and Safety Code section 11530.5. Petitioner moved to dismiss the information under Penal Code section 995. The court-denied the motion.

From the evidence received at the preliminary hearing the following facts appear:

On June 24, 1970, at approximately 10:45 p.m. Officer Charles Wilson and his partner, wearing sport clothes and driving in an unmarked vehicle, were on patrol duty in Sherman Oaks. When they were approximately 30 to 40 yards away they observed a parked vehicle adjacent to the roadway and Officer Wilson saw three males (one of whom was petitioner) standing near the rear of the parked car. As the officer approached the vehicle the young men started to leave. The officer stopped the police vehicle; he and his fellow officer alighted, and announced that they were police officers, and with guns in hand they walked up to the three persons, directed them to turn toward the parked car, and made a cursory search of their persons for weapons.…