Love

Bradley Del Love was charged by amended information with maliciously concealing a minor child from the person having lawful charge (Pen. Code, § 278) and of concealing or detaining a child in violation of a custody order (Pen. Code, § 278.5). His motion to dismiss the information for lack of reasonable or probable cause (Pen. Code, § 995) was granted. The People appeal.

I

The only witness testifying at the preliminary hearing was Denise Riebe, Love’s former spouse. In 1974, after a contested hearing, Riebe was awarded custody of their three-year-old daughter Tracy Lynn; Love received visitation rights. The dissolution proceedings were not without incident. Both Riebe and Love were cited for contempt, and Riebe prevented Love from visiting Tracy the last two months before the judgment of dissolution became final.

On September 7, 1974, Love arrived at Riebe’s home in Buena Park to visit Tracy and agreed to bring her home later that evening. Love did not return the child.

Riebe notified the police department that evening. Later, she went to the district attorney’s office; attempting to locate Tracy, she wrote letters, hired private detectives, and telephoned Love’s…