Madrid

Following her waiver of preliminary hearing, defendant Alicia F. Madrid was accused by information of one count of possession for sale of cocaine (Health & Saf. Code, § 11351) and one count of possession of cocaine (Health & Saf. Code, § 11350). The superior court entered an order of dismissal after granting defendant’s motion to suppress evidence pursuant to Penal Code section 1538.5. The People appeal from the dismissal on the ground that defendant lacked standing to challenge the legality of an automobile search which, in turn, supplied probable cause for issuance of a warrant authorizing the search .of her home. (Pen. Code, §§ 1238, subds. (a)(7), (c), 1385, subd. (a).) For reasons set forth below, we reverse.

Facts

On May 5, 1991, Monterey County Deputy Sheriff Jim Miller saw a Ford Bronco parked at the dead end of a rural road. There were four men seated in the car, one of whom was later identified as defendant’s husband, Manuel Mendoza. As Deputy Miller drove toward the vehicle he could not detect any mechanical problems nor could he detect any unlawful activity. When the deputy stopped his patrol car behind the Bronco, he saw the right front passenger turn…