Manning

Defendant was charged by complaint in the municipal court with violation of former Health and Safety Code section 11910 (possession of barbiturates; see now Health & Saf. Code, § 11377). Pursuant to subdivision (g) of Penal Code section 1538.5, defendant’s motion to suppress the contraband was heard at a special hearing held immediately before the time scheduled for the trial. Only the arresting officer testified. At the conclusion of the special hearing the court granted a motion to suppress and, for that reason, dismissed the complaint.

As authorized by subdivision (j) of Penal Code section 1538.5, the People appealed from the suppression order to the appellate department of the Superior Court of Los Angeles County. In a written opinion, that department reversed the suppression order and remanded the cause to the municipal court for further proceedings. However, on its own motion and pursuant to rule 63, California Rules of Court, the department certified transfer of the appeal to this court as doing so appeared “necessary to settle important questions of law.” The department set forth those questions as follows:

The department added, “We feel an expression by a…