Perez

Petitioner applies for a writ of prohibition to restrain prosecution under Health and Safety Code, section 11530 (possession of marijuana, a felony), contending the marijuana evidence upon which he was bound over for trial was found incident to an unlawful search of his automobile.

On December 3, 1966, a dark night, between 8 :15 p.m. and 10:30 p.m., two deputy sheriffs observed an unlighted car parked near the rear of a partially fenced-in vacant lot. Putting a spotlight on the car from their car in the street, they saw the doors of the two-door ear fly open, two persons jump out, run to the rear of the lot and disappear over the fence. The officers immediately drove to the ear, got out and chased the fleeing persons Without success. The lot was very muddy, with large puddles of water from recent rains. There were no direct lights in the area; only a glow from surrounding houses. It was abnormal for a car to be parked in the lot. One of the officers noticed empty beer cans outside the car. The circumstances aroused the suspicions of the officers and they searched the car to ascertain why the occupants had fled.

Opening the car doors, the officers saw several unopened beer cans…