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PEOPLE v. GIL

Docket No. 12446.

248 Cal.App.2d 189 (1967)

56 Cal. Rptr. 88

THE PEOPLE, Plaintiff and Appellant, v. CELESTINO TAPIA GIL, Defendant and Respondent.

Court of Appeals of California, Second District, Division Three.

January 27, 1967.

Attorney(s) appearing for the Case

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, Evelle J. Younger, District Attorney, Harry Wood and Robert J. Lord, Deputy District Attorneys, for Plaintiff and Appellant.

Erling J. Hovden, Public Defender, and James L. McCormick, Deputy Public Defender, for Defendant and Respondent.

COBEY, J.

This is an appeal by the People pursuant to Penal Code, section 1238, subdivision 1, from an order setting aside an information charging possession of marijuana in violation of Health and Safety Code, section 11530, a felony, on motion by the respondent under Penal Code, section 995, on the ground that the search of his car by two deputy sheriffs, which was made incident to his lawful arrest for drunk driving, was constitutionally unreasonable. (U.S. Const...

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