Powell

This is a People’s appeal, pursuant to Penal Code section 1238, subdivision (a) (1), from an order of the superior court granting defendant Powell’s motion under Penal Code section 995 to dismiss the information against him. The trial court’s order was based on the ground that the initial detention of the vehicle in which defendant was riding was unlawful and that therefore the evidence seized subsequent to that detention was inadmissible, and that without such evidence there was insufficient cause to hold defendant to answer.

The facts as adduced at the preliminary hearing were as tollows: At approximately 1:45 a.m., on November 18, 1972, Officers Biller and Writer, on patrol in a marked police vehicle, observed a 1967 Pontiac stopped at the intersection of Hill and Venice in Los Angeles. The traffic light facing the Pontiac turned green, but the Pontiac remained stopped for approximately one minute before proceeding through the intersection with the green light. The officers activated their emergency equipment and stopped the Pontiac, with the intention of issuing a citation for “[f]ailing to go on green.” The officers alighted from their vehicle, as did the driver of…