Bigham

Defendants were charged with possession for sale of marijuana (§ 11359, Health & Saf. Code). Their motion pursuant to section 1538.5, Penal Code was granted, and the People appeal from order dismissing the information.

*76 The motion to suppress was heard de novo. In granting it the-judge found that Deputy Reed was “a credible, honest witness” but stated, “my feeling is that the state of the law is such that I cannot approve of that kind of conduct.” It is apparent, therefore, that he ruled as a matter of law that there was no probable cause to arrest Bigham (People v. Superior Court (Johnson) 15 Cal.App.3d 146, 151 [ 92 Cal.Rptr. 916 ]; People v. Superior Court (Thomas) 9 Cal.App.3d 203, 210-211 [ 88 Cal.Rptr. 21 ]), and this court “cannot presume that the facts were resolved against the People or that, contraiy to its own indication, it disbelieved the testimony. [Citations.]” (People v. Manning, 33 Cal.App.3d 586, 603 [ 109 Cal.Rptr. 531 ].)

Probable cause has been defined as “that state of facts as would lead a man of ordinary care and prudence to believe and conscientiously entertain an honest and strong suspicion that the person is guilty of a crime.” (People v.…