Boone

The three defendants were charged by information with illegal possession of marijuana (Health & Saf. Code, § 11530). Motions to suppress the contraband evidence were made under section 1538.5 of the Penal Code. The trial court granted the motions upon the theory that the police officers had failed to comply with section 844 of the Penal Code in gaining admission to defendants’ apartment, and thereafter ‘ dismissed the case pursuant to section 1385 of the Penal Code. The People appeal from the order of dismissal made prior to trial. (Pen. Code, § 1238, subd. 7; People v. Superior Court (1969) 276 Cal.App.2d 581, 585 [ 81 Cal.Rptr. 42 ].)

The evidence consisted of the transcript of the preliminary hearing supplemented by additional testimony by the arresting officer, Robert A. Fowks, a Long Beach police officer. He testified as follows: He was assigned to the “Patrol Division, Graveyard.” He was the arresting officer. The arrest occurred at 1337 Chesnut, Apartment No. 10. He and his partner had been dispatched to the location on a “disturbance” call. Upon reaching the location about 2:25 a.m., they were contacted by the party who had made the report and that party pointed…