Murray

Lawrence Murray was charged with possession of marijuana (Health & Saf. Code, § 11357, subd. (a)), possession of *344 marijuana for sale (Health & Saf. Code, § 11359), and possession of a controlled substance (Health & Saf. Code, § 11378). Finding that the officers did not comply with Penal Code section 844, the trial court set aside the information pursuant to section 995 of the Penal Code. The People appeal from the order setting aside the information.

Facts:

Deputy James Smith testified at the preliminary examination that on August 20, 1975, at about 2:20 a.m. he received a call concerning loud music at an address in Paramount. He arrived at the address, heard loud music, knocked, and received no answer. He knocked again and received no answer; he then knocked loudly, announced who was at the door, their presence, and their reasons for being there. After about 10 seconds, the music was turned down, and Deputy Smith heard muffled talking. The door was opened. Light smoke came from the door; Officer Smith smelled a “real strong odor of burning marijuana.” He also heard sounds like a toilet flushing, and his partner went to investigate.

Officer Smith detained occupant…