Barnes

The People appeal from an order dated February 7, 1989, setting aside the one-count information filed December 13, 1988, in which Gregory Gerald Barnes (defendant) was charged with a violation of Health and Safety Code section 11352 (transportation of a controlled substance, cocaine).

We reverse the order.

Issues Presented

The principal issue presented by this appeal is:

In the absence of a motion to suppress evidence, does a defendant at a preliminary hearing have the right to question witnesses on search and seizure issues? We hold that a motion to suppress evidence under Penal Code 1 section 1538.5 is a prerequisite to the right of a defendant to question witnesses at a preliminary hearing on search and seizure issues.

The remaining issue is whether there was sufficient evidence to support the information. We conclude there was.

*1471 Factual and Procedural Statement

The preliminary hearing was held on November 29, 1988. The testimony of Detective Raymond Martin (Officer Martin) established the following facts:

He was assigned to intercept people smuggling narcotics into and out of Los Angeles via Federal Express. On November 14, 1988, he saw defendant carry a…