Wickers

People appeal from an order dismissing an information charging the unlawful possession of marijuana in one count. (Health & Saf. Code, § 11530.)

Respondent has adopted the People’s statement of facts. We set forth that statement substantially verbatim, except as modified by the court.

Douglas W. Poland, a police officer in the City of Pomona, was on May 28, 1971, assigned to the patrol division. At about 12:57 a.m. Poland who was in a police vehicle with his partner Hernandez, observed a vehicle parked on the Gulf station lot located in the vicinity of the southwest corner of Gary Avenue and Artesia Street in the City of Pomona. There had been numerous armed robberies in the surrounding area in which male Negro suspects were involved, in the week preceding. Poland had, during a briefing from Sergeant Pfaff, learned that one or two days earlier the Claremont Police Department had a robbery involving a male Negro described as being in his early twenties, 5 feet, 7 inches tall, weighing 150 pounds, having black hair, a mustache and mutton-chop sideburns. The weapon used in the course of this robbery the officer believed to be a machete. Also within the preceding seven…