Salcero

The People appeal from denial of a motion to reinstate the complaint (Pen. Code, § 871.5, subd. (a)) brought after the magistrate granted defendant’s motion to suppress evidence (Pen. Code, § 1538.5) and discharged him at the preliminary hearing. The People contend the trial court erred in denying its motion to reinstate, as the search of defendant’s tote bag was valid either as an inventory or in order to ensure officer safety. We reverse.

Facts

Deputy Herbst stopped defendant for a traffic violation in the Butte Valley area of Siskiyou County. Defendant told Herbst he was driving his brother’s car back from Glendale, where he had spent the Christmas holidays, and that the soft tote bag in the backseat was his. Herbst knew something was wrong because he recognized defendant, having seen him and the car three days earlier in MacDoel. As defendant had no driver’s license, Herbst cited him and said he was free to leave but the car and its contents were impounded and would be inventoried.

Defendant asked for his tote bag and, when told it was to be opened, appeared nervous. Herbst wanted to inventory the bag before he decided whether to release it and testified that…