Faddler

Defendants were charged in two counts with (1) possession for sale and (2) transportation of marijuana (Health & Saf. Code, §§ 11359, 11360, subd. (a)). The superior court determined that evidence essential to support the magistrate’s holding order was the product of an illegal search and seizure and granted defendants’ motion to dismiss the information (Pen. Code, § 995). The People appeal. (Pen. Code, § 1238, subd. (a)(8).) We shall reverse.

At the time of the alleged offenses, Sheriff’s Deputy Brand was on patrol alone in a squad car. At about 2 a.m. he observed a vehicle being driven erratically. A passenger in the vehicle was leaning out of a window shouting and waving what appeared to be a whiskey glass. Officer Brand attempted to stop the vehicle to investigate a possible violation of Vehicle Code section 23102, subdivision (a) (driving under the influence of an intoxicant). His first effort to detain the vehicle was frustrated when the driver, having pulled over and stopped on the officer’s command, resumed travel as Brand was exiting his squad car. As Brand again stopped the vehicle, another officer arrived to provide assistance.

There were three men in the…