Boren

The People appeal the superior court’s denial of their motion pursuant to Penal Code section 871.5 to reinstate the complaint charging defendant with possession of phencyclidine (PCP) in violation of Health and Safety Code section 11377. We reverse.

The Case

Defendant was charged by complaint filed in the Stanislaus Municipal Court with a violation of Health and Safety Code section 11377, possession of PCP. At defendant’s preliminary hearing, the magistrate granted defendant’s motion to suppress evidence found at booking for failure to comply with section 647, subdivision (ff), and dismissed the complaint. A second complaint charging defendant with the same crime was then filed. The preliminary hearing on this complaint was submitted on the transcript of the first preliminary hearing. Once again, the magistrate granted defendant’s motion to suppress and dismissed the complaint. The People’s motion to reinstate the complaint was then denied by the superior court.

The Facts

On February 14, 1985, at 11:50 p.m., Officer Paul Owen of the Modesto Police Department was on routine patrol when his attention was drawn to defendant because she appeared to be very unsteady on her…