Shafrir

At his preliminary examination, defendant Gideon Gordon Shafrir made a motion under Penal Code section 1538.5 to suppress contraband found in his automobile, on the ground the evidence was discovered as the result of an illegal inventory search conducted by officers of the California Highway Patrol (CHP). The magistrate denied the motion. The trial court, however, granted defendant’s subsequent motion to set aside the information pursuant to Penal Code section 995. In this appeal the district attorney challenges the latter ruling, arguing essentially that the trial court misapplied governing Fourth Amendment principles set out in Colorado v. Bertine (1987) 479 U.S. 367 [ 93 L.Ed.2d 739 , 107 S.Ct. 738 ], As discussed below, we conclude the magistrate’s initial ruling was correct and reverse the order granting the section 995 motion.

Background

On April 3, 2008, at approximately 3:40 a.m., CHP Officers Michael Tenney and Leo Smith spotted a late-model silver or grey Mercedes traveling at a “very high rate of speed” on eastbound Interstate 80 at Treasure Island. The officers initiated a traffic stop after pursuing the Mercedes and matching its speed at a “little over 110…