Markin

Defendant was charged with possession of hashish in violation of Health and Safety Code section 11530 (now § 11357). The People appeal from an order setting aside the information under Penal Code section 995.

Defendant was picked up by police as he was in Manhattan Beach Boulevard attempting to hitchhike at about 2:20 a.m. on October 23, 1972. “He was stumbling, having great difficulty just maintaining his balance”; his speech was slurred; his eyes were red and watery; and he smelled of alcohol. His shoes had not been pulled all the way on. The arresting officer concluded that defendant was “under the influence of an intoxicant and unable to care for Ms own safety or that of others,” a violation of Penal Code section 647, subdivision (f).

The officer testified that he transported defendant to the police station where he carried out “a booking search on his person.” Inside the wrapper of a cigaret package the officer found a plastic bag containing a brown substance. Upon testing, the material was found to be one and a half grams of hashish.

At the preliminary hearing, defense counsel objected to introduction of the cigaret package and the plastic bag with its contents,…