Jefferson

An alternative writ of prohibition was issued in this case to review an order of the trial court which denied the petitioner’s motion to dismiss an information charging him with receiving stolen property in violation of section 496 of the Penal Code. (See Pen. Code, §§ 995 and 999a.) At the combined preliminary examination and hearing on petitioner’s motion to suppress evidence it was stipulated that a $20 traveler’s check had been countersigned by the owner and .taken from him at gunpoint on February 10, 1975. On February 13, 1975, when the petitioner was instructed to remove the contents from his pockets, following his arrest for violation of section 415 of the Penal Code, he removed the same check from a pocket in the inside pair of the two pair of pants he was wearing. Petitioner contended and contends that there was no probable cause for his arrest, and that the evidence discovered and seized as a result of that arrest should have been suppressed.

At about 11 p.m. on February 13, 1975, the arresting officer was escorting a young lady from the court section of the building housing the Municipal Court for the Oakland-Piedmont Judicial District, to room 200, the office…