Crueger

In this action an alternative writ of prohibition was issued to review petitioners’ contention that they were committed on an information which charged both with possession of marijuana in violation of section 11530 of the Health and Safety Code, and with possession of amphetamine in violation of section 11910 of that code, without reasonable or probable cause, because their commitment was based entirely on incompetent evidence. It is concluded that the evidence before the magistrate did not require a finding as a matter of law that the evidence introduced at the preliminary hearing was the result of an illegal search and seizure. The alternative writ must be discharged, and the petition for a peremptory writ will be denied.

The contraband upon which the first charge is predicated was not originally seized by the officers, but was turned over to the officers after it was discarded by one of the petitioners who fled the scene following a traffic stop and investigation by the detaining officer. The amphetamine was discovered upon search of that petitioner after his arrest for possession of marijuana. The magistrate and the judge presiding in the superior court both found…