Huntsman

Defendant Fred Norman Huntsman appeals from a judgment of conviction by jury of possession of cocaine (Health & Saf. Code, § 11350). Defendant was placed on three years’ formal probation conditioned upon service of ten months in Sacramento County Jail. On appeal defendant contends, inter alia, that the trial court erroneously denied his motions to set aside the information and to suppress evidence (Pen. Code, §§ 995, 1538.5) because the only incriminating evidence was obtained as a result of an illegal detention and subsequent search of an automobile trunk conducted without probable cause. For the reasons set forth below we conclude the warrantless search of the automobile trunk was unlawful, so that defendant’s Penal Code section 1538.5 motion was erroneously denied, and we reverse.

We hold, among other things, that where the People assert that an officer’s probable cause to search is based on his observation of a citizen holding a container commonly used for innocent purposes (in this case an eight-by-eleven-inch plastic bag with a “Zip-Loc” top), the People must present testimony indicating the basis for the officer’s suspicion that the container holds contraband or…