Brown

In an indictment returned by the Grand Jury of San Diego County, the defendants, Lorelie Brown, Arthur Lane and Barry Leichtling were charged in count I with transporting marijuana and in count II with possession of marijuana for sale. Before trial, defendants moved to suppress evidence under Penal Code, sed ion 1538.5 and to set aside the indictment under Penal Code, section 995. These motions were denied. Later, each defendant withdrew his plea of not guilty to count I of the indictment (transporting marijuana) and entered a plea of guiity to the lesser included offense of possession of marijuana. Count II of the indictment was dismissed as to all defendants. Imposition of sentence was suspended, and each defendant was granted probation for a period of three years. They appeal from the order granting probation, and contend the search which disclosed the contraband resulting in their arrest and conviction was illegal and the motion to suppress evidence made under Penal Code, section 1538.5 was improperly denied.

Insofar as pertinent to this appeal, the facts and circumstances leading up to defendants’ arrest are as follows:

On August 21, 1967, at approximately 11 p.m., the…