Capps

The People appeal from the trial court’s order granting defendant’s pretrial motion to suppress evidence pursuant to Penal Code section 1538.5 and dismissing the case in furtherance of justice pursuant to section 1385. The People contend (1) they were denied their right to present all relevant evidence at the motion to suppress evidence, and (2) the seizure of contraband from defendant’s handbag was lawful. For the reasons that follow, we reverse the trial court’s order.

Facts

Defendant Shirley Rae Capps was charged by information with possession of a controlled substance (cocaine) in violation of Health and Safety Code section 11350, subdivision (a). Prior to trial, defendant filed a motion pursuant to section 1538.5 to suppress “contraband seized from Ms. Capps’ purse and a urine sample given to the police subsequent to the defendant’s arrest.” A hearing on that motion was held February 10, 1989, at which the parties stipulated the court could consider the reporter’s transcript of the preliminary hearing in addition to testimony to be adduced at the hearing on the motion.

Los Angeles County Deputy Sheriff John Cater testified at the preliminary hearing that…