People V. Block

Defendant was charged by information with felonious possession of marijuana (Health & Saf. Code, § 11530) and with being in a place where narcotics are smoked or used, a misdemeanor (Health & Saf. Code, § 11556). Defendant's motion to set aside the information pursuant to Penal Code section 995 was granted by the superior court on the theory that the evidence against defendant on the felony charge was obtained during an improper warrantless search of defendant's house conducted for the purpose of determining whether additional participants in the felony were on the premises. The People herein appeal from the order of dismissal. (Pen. Code, § 1238, subd. 1.) We have concluded that   under the particular circumstances of this case, the search for additional suspects was proper, and that accordingly the order of dismissal must be reversed.