Hardeman

Respondent was charged with constructive possession of phenycyclidine (PCP) (Health & Saf. Code, § 11378.5).The charge was based upon the discovery of a quantity of PCP upon premises occupied by the defendant. The discovery occurred during a police search conducted pursuant to a warrant issued on the basis of information supplied by a police informant. This appeal by the People stems from an order by the trial court dismissing the charge following the People’s refusal to disclose the identity of the informant. The court based its decision on information and evidence heard during a pretrial hearing and an in camera hearing held at the prosecution’s request. (Evid. Code, § 1042.) The reporter’s transcript of the oral proceedings during which the disclosure order was issued reveals that the trial court articulated, for the record, the specific grounds for its order. The record also appears to reflect a contemporaneous unanimity of understanding between counsel for both parties and the court that it is upon those specific grounds that the court issued the order.

During the third week of October 1980, Officer Lutz of the Los Angeles Police Department was approached by an…