Welsch

This is an appeal from (1) a conviction for possession of codeine and a sentence to a term of eight months in prison; (2) a denial of appellant’s motion to suppress evidence; and, (3) a denial of his motion to dismiss the information.

The judgment of conviction is reversed.

Statement of Facts

On August 25, 1981 at 11:30 a.m., Timothy Sperlis was driving his car northbound on Lincoln Avenue at the intersection of Minnesota Avenue in San Jose. Traffic in both directions on Lincoln had stopped to allow a woman to cross Lincoln. A Volkswagen southbound on Lincoln Avenue did not stop; it almost hit the pedestrian, hit the car in front of Sperlis, returned to its original lane, and there hit another car. The Volkswagen driver, without stopping to identify himself, then immediately drove into an “alley.”

While the accident was taking place, Officer Rodrigs was nearby visiting his wife in a store on Minnesota Avenue. At about 11:30 a.m., he saw two persons run down a “driveway.” He followed them and found a damaged, abandoned Volkswagen there. Two to three minutes later, he overheard several people mention that there had been a hit-and-run traffic accident. He asked his wife…