Harris

The People appeal from an order of the superior court setting aside, under Penal Code section 995, an information charging defendant Robert Lee Harris with three counts of burglary of a motor vehicle. (Pen. Code, § 459.)

The only question presented to us concerns the validity of defendant’s arrest and the ensuing search of his automobile. We set forth the pertinent evidence presented at the preliminary examination.

Witness Neal Lindsey, around 10 p.m. on October 15, 1966 was returning to his automobile after watching a football game. He observed a Ford Thunderbird strike another vehicle twice, causing a scraping or crashing sound and sparks. The car bounced off and continued on its way. Lindsey determined to apprehend the driver of the other ear, who had apparently committed a misdemeanor hit-run vehicle violation in his presence. (Veh. Code, § 20001.) He followed the other car. After losing contact for a short while, he observed and overtook the vehicle. He “honked” his horn and the other driver pulled over. Lindsey got out of his car and asked the other driver, who was the defendant here, to turn off his engine and to show his identification. An inspection of the Thunderbird…