Griffith

This is an appeal by the People (Pen. Code, § 1238, subd. (a)(7)) from an order dismissing an information which charged defendant with possession of marijuana (Health & Saf. Code, § 11530), following the granting of defendant’s motion to suppress evidence (Pen. Code, § 1538.5).

Officer Dukeslaw of the Los Angeles Police Department and his partner were on patrol in a black and white police car at about 4:35 p.m., August 19, 1970. Dukeslaw, who was driving south on Valencia, observed defendant driving a 1958 Chevrolet north on Valencia in a lawful manner. The lower two-thirds of the right windwing of the Chevrolet was broken. The opening was large enough to admit a hand. Dukeslaw’s partner ran a check of the license number of the Chevrolet. It came back “no want.” Dukeslaw nevertheless stopped defendant’s car to investigate the possibility that it was stolen. Upon approaching the car, Dukeslaw observed dismantled phonograph parts and numerous tools, primarily pliers and screwdrivers, on the back seat, the front seat and the floor. These objects led Dukeslaw to suspect the possibility that defendant might be a burglar. Dukeslaw asked defendant to get out of the car. The…