Maltz

By a complaint filed in the Municipal Court of the South Orange County Judicial District, defendant was accused of possession of restricted dangerous drugs—LSD (count I, Health & Saf. Code, § 11910) and furnishing and sale of restricted dangerous drugs—LSD (count II, Health & Saf. Code, § 11912). After a preliminary hearing, defendant was held to answer, and an information, consisting of two counts, was filed in the Orange County Superior Court charging defendant with these offenses. Defendant’s motion to set aside the information made pursuant to Penal Code section 995 was granted by the superior court. The People appeal from the order. (Pen. Code, § 1238, subd. (1).)

Aside from the observations of two police officers, the incriminating evidence consisted of pills containing LSD seized by the officers in a search of the person of one William Monroe and similar pills seized by the officers from a certain residential garage. At the preliminary hearing, the municipal court found the search of and seizure of contraband from William Monroe and the seizure of contraband from the residential garage lawful. The superior court found the search and both seizures unlawful.

The…