Garry

Defendant McKinley William Garry seeks reversal of a judgment and probation modification order because both resulted from the trial court’s improper denial of his motion to suppress certain evidence obtained when a police officer detained him as he stood in front of his home late one evening in May 2005. We reverse the judgment and order and remand for further proceedings.

BACKGROUND

Case No. VCR162584

In December 2002, defendant, after pleading no contest to possession of cocaine base in Solano County Superior Court, received probation and was placed in a rehabilitation program. In 2006, as a result of the matters discussed further in this appeal, defendant’s Proposition 36 program was terminated unsuccessfully, and the court required that he be placed in a Delancey Street residential treatment program or, if not accepted into that program, a category I treatment program to be determined by the probation department.

Case No. VCR178540

In May 2005, the Solano County District Attorney filed an information in Solano County Superior Court. The information charged defendant with one count of possession for sale of cocaine base in violation of Health and Safety Code…