Hall

— Defendants, Joy Hall and Vernon White, were jointly charged by information with one count of possession for sale of heroin, and Miss Hall was additionally charged with one count of sale of heroin (Health & Saf. Code, §§ 11500.5, 11501). At the preliminary hearing defendants’ motion to dismiss was denied and they were held to answer. They moved in the superior court to set aside the information pursuant to section 995 of the Penal Code. The People appeal from the order of dismissal.

Evidence was presented to the magistrate at the preliminary hearing that Narcotics Officer Cozzalio, together with other officers, arrested defendants without a warrant and seized material evidence after a forcible entry of a motel room under the following circumstances. Prior to February 7, 1968, Cozzalio had information from reliable undisclosed informants that Miss Hall was trafficking in heroin and was bringing it to Sacramento, California, from Klamath Falls, Oregon. On February 7, 1968, with the assistance of an untested operative named Willie Williams, Cozzalio made arrangements with Miss Hall, who was then using the name “Britton,” to purchase from her in Sacramento an ounce of…