Ress

*166 Opinion

—Michael John Ress (defendant) appeals from an order granting probation following his plea of guilty to a charge of possession of marijuana. His motion to suppress evidence under Penal Code section 1538.5 had previously been denied.

At the time he changed his plea to guilty other charges for which he had been bound over were dismissed. They were for conspiracy to pervert and obstruct justice and the due administration of the laws by conspiring to reveal and disclose official information of the San Diego Police Department as protected by Evidence Code section 1040, for possession of restricted dangerous drugs (Health & Saf. Code, § 11910), and for possession of a narcotic (Health & Saf. Code, § 11500).

The evidence sought to be suppressed was that found in a search of defendant’s person and of his room on November 14, 1968. The searches were made without a search warrant and defendant’s arrest at the same time and place was not under a warrant.

The motion was submitted upon the transcript of testimony at the preliminary hearing and the testimony of defendant at the section 1538.5 hearing.

A motion under Penal Code section 995 to set aside the information was…