Nagel

Defendant was charged with possession of marijuana (§ 11530, Health & Saf. Code). Also alleged was a prior felony (narcotic) conviction. Defendant moved to suppress the evidence under section 1538.5, Penal Code. In granting the motion the judge said he did not question the officer, his motive or his judgment but was deciding the issue solely on a question of law. The People appeal from the order granting defendant’s motion and dismissing the cause under section 1385, Penal Code.

Around 6:30 p.m. on Sunday, May 4, 1969, Officer Brown, while on patrol in a police vehicle, observed defendant in a 1950 Chevrolet bearing Florida license plates drive west on Sunset Boulevard, approach Vine Street and turn through the intersection without stopping for the red traffic signal; he activated his red lights and pulled defendant to a stop on Vine Street. The officer requested defendant to produce a driver’s license; defendant could not do so and told the officer he did not have one, nor could he furnish any other valid identification. Thus Officer Brown placed defendant under arrest (§ 40302, Veh. Code) for running a red light. When defendant pulled over at the request of the…