Brown

Defendant George Brown III was accused by information of being an ex-felon in possession of a firearm (Pen. Code, § 12021, subd. (a)). Defendant’s motion to set aside the information pursuant to Penal Code section 995 was granted by the superior court on the ground the evidence of defendant’s guilt was unlawfully obtained. Thereafter, the superior court ruled that the previously suppressed evidence could not be used to revoke defendant’s probation for earlier convictions of possession of marijuana for sale (Health & Saf. Code, § 11359). The People appeal from both judgments. The two cases have been consolidated on appeal.

Background

On April 3, 1985, at approximately 7 p.m., defendant was stopped by Seaside Police Officer Charlie Sammut for making an illegal U-tum. Defendant was the driver of the vehicle and another individual was in the passenger seat.

Officer Sammut asked defendant for his identification. Defendant provided the officer with his true name, but said he had no identification with him. The officer obtained defendant’s birth date and radioed communications for a check on the status of defendant’s driver’s license and the existence of any outstanding…