Poole

Defendant was charged with possession of marijuana (§ 11357, Health & Saf. Code) and possession of cocaine (§ 11350, Health & Saf. Code). The People appeal from order of dismissal entered after defendant’s motion to suppress (§ 1538.5, Pen. Code) was granted.

Officer Bass had been an officer for seven years and assigned to the narcotics division for one year. Around 11 p.m., while a passenger in the right front seat of an unmarked police car which had stopped on West Boulevard, he saw defendant standing near some apartments, then watched him proceed across the street and walk in front of the police vehicle; he was five feet away from defendant; the lighting was fair and the lights of the police car were shining on defendant; defendant carried a strainer and the officer observed behind his right ear a hand-rolled cigarette twisted at both ends which in his opinion was a marijuana cigarette; he had seen “many similar to it on many, many occasions” *884 •—in “excess of two thousand times”; defendant wore a hat but it did not obstruct his view of the cigarette.

Officer Bass particularly noticed the cigarette because the ends were twisted and were irregularly shaped, and it…