Stamper

The People appeal from the superior court’s order, made pursuant to Penal Code section 995, dismissing an information charging Paula Jean Stamper with two Health and Safety Code controlled substance violations, and alleging two prior convictions of such offenses.

The issue presented is whether the magistrate’s finding of no Fourth Amendment taint, in the seizure of controlled substances essential to a successful prosecution of Ms. Stamper, was supported by substantial evidence.

And: “It is fundamental that on a dismissal motion under Penal Code section 995 the superior court may not reweigh evidence, or draw inferences contrary to those reasonably drawn by the magistrate. This rule applies with equal effect where the issue resolved by the magistrate relates, as here, to the Fourth Amendment. Our function, then, is simply to determine if there is any substantial evidence in support of the magistrate’s conclusion, not that of the superior court” (People v. O’Leary (1977) 70 Cal.App.3d 323, 328 [ 138 Cal.Rptr. 667 ].)

The evidence before the superior court was, of course, that adduced before the magistrate at Ms. Stamper’s preliminary hearing. Considered in the light most…