Parker

The People appeal from an order of dismissal entered after the trial court granted defendant’s motion to suppress evidence pursuant to section 1538.5, Penal Code.

Defendant moved to suppress “Items found as a result of an illegal detention, search and arrest.” On the motion the following evidence was adduced. Officer Nixon was employed by the Los Angeles Unified School District as a security officer at Locke High School; while on duty he had “peace officer status” (see § 830 et seq., Pen. Code); he is a former deputy sheriff with eight years experience in law enforcement, including training in identification of marijuana cigarettes and the detection of the odor of marijuana and PCP (Phencyclidine); as a security officer he had previously detained and arrested persons for smoking marijuana on school grounds. On March 21 at lunch time Officer Nixon saw defendant in his car “on campus”; he knew defendant was not a student and asked why he was there; defendant answered, to see his girl friend; Officer Nixon told him he could not be on campus without school business.

Thereafter and prior to March 24 Officer Nixon received information from officers at another school that a…