Dominguez

I concur in the judgment of reversal. At the outset it appears to me that the order setting aside the information in this case should be reversed because the evidence that appellant had confessed his guilt of stealing the automobile was offered and received at the preliminary hearing without objection or motion to strike. It is well settled that unless an objection is urged at the preliminary hearing it may not be asserted on a motion under Penal Code section 995. (Robison v. Superior Court, 49 Cal.2d 186, 197 [ 316 P.2d 1 ]; People v. Schultz, 263 Cal.App.2d 110, 113 [ 69 Cal.Rptr. 293 ]; People v. McFarren, 155 Cal.App.2d 383, 384 [ 317 P.2d 998 ].) In my view, the application of the foregoing rule is not avoided by the fact that at the conclusion of the hearing, and after both sides had rested, defendant moved “to dismiss the charges on the basis that the original stop was illegal.”

However, I dissent from the holding of the majority that the detention of appellant for the purpose of routine interrogation was not justified by the observations of the officer under the attendant circumstances. As we pointed out in People v. Manis, 268 Cal.App.2d 653, 659 [ 74 Cal.Rptr. 423 ],…

*883 Opinion

The People appeal from an order setting aside the information (Pen. Code, § 1238, subd. 1) charging defendant with the grand theft of an automobile and the unlawful taking of the same vehicle. (Pen. Code, § 487 and Veh. Code, § 10851, respectively.)

Sometime during the early evening hours of October 21, 1970, a vehicle belonging to Mr. Suk K. Lee was stolen from its parking place on 36th Street in Los Angeles. Apparently shortly after the theft, Officer Alvarez observed Mr. Lee’s vehicle with four passengers, all appearing to be Negroes, proceeding at about 25 miles per hour in a direction opposite to that of the (police) vehicle in which he was driving. Alvarez made a U-turn and followed the vehicle; his suspicion had evidently been already aroused 1 for he checked the license number of the vehicle through the Department of Motor Vehicles. As a result of that check, Alvarez learned that the vehicle was registered to Mr. Lee and that it was not listed as stolen. The ensuing events are best described in Alvarez’ testimony at the preliminary hearing:

It was after the Miranda admonition referred to that the defendant waived his rights and then confessed to the crime…

The People appeal from an order setting aside the information (Pen. Code, § 1238, subd. 1) charging defendant with the grand theft of an automobile and the unlawful taking of the same vehicle. (Pen. Code, § 487 and Veh. Code, § 10851, respectively.)

Sometime during the early evening hours of October 21, 1970, a vehicle belonging to Mr. Suk K. Lee was stolen from its parking place on 36th Street in Los Angeles. Apparently shortly after the theft, Officer Alvarez observed Mr. Lee's vehicle with four passengers, all appearing to be Negroes, proceeding at about 25 miles per hour in a direction opposite to that of the (police) vehicle in which he was driving. Alvarez made a U-turn and followed the vehicle; his suspicion had evidently been already aroused [1] for he checked the license number of the vehicle through the Department of Motor Vehicles. As a result of that check, Alvarez learned that the vehicle was registered to Mr. Lee and that it was not listed as stolen. The ensuing events are best described in Alvarez' testimony at the preliminary hearing:

"Q. Why did you stop that vehicle? A. There were four, appeared to be four persons in the vehicle, all…