Tidalgo

The issue before us concerns the correctness of the lower court’s dismissal of the proceeding on the basis that a search exceeded the terms of the search condition contained in respondent’s terms of probation. For reasons which follow, we conclude the dismissal was proper.

Respondent was charged with unlawfully possessing marijuana for sale in violation of Health and Safety Code section 11359. After the municipal court denied his suppression motion and held him to answer on the charge, respondent renewed his suppression motion in superior court, coupling it with a motion to set aside the information pursuant to Penal Code section 995. The court granted both of respondent’s motions and ordered the matter dismissed. The People appeal.

Sometime in August 1979, Sheri Everett, an acquaintance of respondent and his family, was arrested for passing bad checks. Upon arrival at the Arroyo Grande police station, she was also charged with having committed a grand theft of some jewelry which was missing from the residence belonging to respondent’s sister-in-law, Linda Tidalgo, 125 East Cherry Street. On August 15, 1979, Everett contacted Arroyo Grande Police Lieutenant William…