Roy

The plaintiff has appealed from an order dismissing an information under Penal Code section 995, which provides that an information must be set aside upon motion where “. . . the defendant had been committed without reasonable or probable cause. ’ ’

Officers were investigating a known narcotics user named Ethel, and while talking to her on a public street in the City of San Bernardino about 9:30 p.m. in the presence of three other persons, one of the officers shined a flashlight into defendant’s eyes and noticed no pupillary reaction; the pupils remained in a contracted condition at all times. Officer Willis then conducted a similar test with the same result, and thereupon asked to see defendant’s arms which were exhibited and showed sears and fresh pinpoint red marks on the inner elbow fold. Officer Willis had worked 15 years in the Sheriff’s Office of San Bernardino County, 13 of them in the narcotics field. He had made approximately 1,500 arrests for unlawful use or possession or being under the influence of heroin.

The defendant was then arrested for being under the influence of a narcotic in violation of Health and Safety Code, section 11721, and a “pat search” was made of…