What is the test for a motion to set aside a search and seizure order made against a defendant at a preliminary hearing?

5 The defendant may also test the validity of the search and seizure by moving to set aside the information under Penal Code section 995 if he is willing to have the issue determined by the judge on the basis of the transcript of the preliminary hearing as a matter of law without an independent weighing of the evidence. (See People v. Superior Court, 276 Cal.App.2d 581, 585, 81 Cal.Rptr. 42.) If the court grants the motion and thereafter dismisses the information the People may appeal from that order under Penal Code section 1238(1). (People v. Superior Court, Supra, at 585, 81 Cal.Rptr. 42.)

6 See footnote, 2 Supra.