Ramsey

This is an appeal by the People from the granting of a motion made by defendants, pursuant to Penal Code section 995, to dismiss seven charges against them. These charges included one count of grand theft auto (Pen. Code, § 487, subd. 3), three counts of receiving stolen property (Pen. Code, § 496) and two counts of conspiracy (Pen. Code, § 182) against all defendants and one count of receiving stolen property against defendant Harbert only. These charges were dismissed by the trial court on the ground that all the evidence in the case was derived from a police officer’s unconstitutional search of premises where the first of the stolen cars was found. We affirm.

On appeal, the People contend that this search was not unconstitutional. Additionally they argue that once the validity of the search is established, (1) there was probable cause to arrest defendants Harbert, Shoop, Harris and McKie; (2) the search and seizure conducted within Unit 4, one of the places where a stolen ear was found, was lawful; and (3) sufficient competent evidence was presented at the preliminary examination to support the information as to all counts except count III.

The Facts

On October 12, 1966, on…