Bigham

Defendants were charged with possession for sale of marijuana (§ 11359, Health & Saf. Code). Their motion pursuant to section 1538.5, Penal Code was granted, and the People appeal from order dismissing the information.

The motion to suppress was heard de novo. In granting it the judge found that Deputy Reed was "a credible, honest witness" but stated, "my feeling is that the state of the law is such that I cannot approve of that kind of conduct." It is apparent, therefore, that he ruled as a matter of law that there was no probable cause to arrest Bigham ( People v. Superior Court (Johnson) 15 Cal. App.3d 146, 151 [ 92 Cal. Rptr. 916 ]; People v. Superior Court (Thomas) 9 Cal. App.3d 203, 210-211 [ 88 Cal. Rptr. 21 ]), and this court "cannot presume that the facts were resolved against the People or that, contrary to its own indication, it disbelieved the testimony. [Citations.]" ( People v. Manning, 33 Cal. App.3d 586, 603 [ 109 Cal. Rptr. 531 ].)

Probable cause has been defined as "that state of facts as would lead a man of ordinary care and prudence to believe and conscientiously entertain an honest and strong suspicion that the person is guilty of a…