Evans

Pursuant to a plea bargain appellant, Robert Donald Evans, pleaded guilty to possession of marijuana for sale (Health & Saf. Code, § 11359). He appeals from the judgment, raising search and seizure issues pursuant to Penal Code section 1538.5, subdivision (m).

Determinative of the cause is our conclusion that the police officers did not have sufficient justification to stop and detain appellant and his codefendant, who was driving a pickup in which appellant was a passenger, and in the bed of which pickup there were approximately 25 pounds of marijuana. The plea and judgment herein were based solely upon that evidence.

It was stipulated that the evidence taken at the preliminary hearing, together with the evidence presented at the hearing on the Penal Code section 1538.5 motion to suppress and Penal Code section 995 motion to dismiss could be considered by the court in ruling on the motions.

Resolving conflicts in favor of the respondent, it appears that at about 2:30 p.m. on June 2, 1975, Detectives Fernandez and Grogan of the Modesto Police Department undertook surveillance of mini-warehouse compartments Nos. 20 and 21, near Ceres, California. They were watching the…