Gentry

Jon Leslie Gentry appeals from a judgment entered upon a plea of nolo contendere following denial of his motions to suppress evidence. This case arises out of a warrantless police entry and impoundment of a residence which appellant was visiting and in which he was held until a search warrant could be procured. Appellant contends that his incriminating statements should have been suppressed because the entry was illegal and his restraint was an arrest without probable cause. We agree, and reverse the judgment and remand the case to permit appellant to withdraw his plea.

Statement of Facts

Evidence submitted at the preliminary hearing established the following facts. On March 8, 1991, an informant telephoned the narcotics bureau of the City of Vacaville and reported that Steven Dallas was selling marijuana from the trunk of a yellow Ford parked across the street from an apartment building on South Jefferson Street in the City of Dixon. The record is unclear, but it appears that the informant advised the police that Dallas was living at the apartment building, but was unsure whether he lived in unit No. 3 or unit No. 4. In his telephone conversation with the police, the…