Nicholson

We determine by this appeal that the exception to the search warrant requirement that arises when an officer has probable cause to search a vehicle for particular contraband (United States v. Ross (1982) *709 456 U.S. 798 [ 72 L.Ed.2d 572 , 102 S.Ct. 2157 ]) does not terminate because a suspect’s conduct prevents the officer from completing the search.

Statement of the Case

Following a preliminary examination the Stanislaus County Municipal Court held respondent, Donald Ray Nicholson, to answer one count of possession of cocaine in violation of Health and Safety Code section 11350. Following arraignment in the superior court, respondent filed a motion to suppress evidence pursuant to Penal Code section 1538.5. Appellant, the People, initially advised the court they did not oppose the motion but later filed opposition. The parties stipulated the court could consider the testimony given at the preliminary hearing. The court granted the motion and dismissed the information pursuant to Penal Code section 1385. The People appeal from the judgment of dismissal.

Statement of the Facts

The sole source of the facts is the preliminary hearing testimony of Modesto Police Officer…