People v. Irby

Defendant brings this interlocutory appeal by leave granted to challenge the trial court’s denial of his motions to suppress evidence and to quash the information.

The facts of this case are derived from the preliminary examination transcript and the transcript of the September 24, 1982, hearing on defendant’s motions. On Sunday, March 28, 1982, sometime after 10 a.m., two neighbors saw defendant, then a 15-year-old boy, take out a garbage can with something inside the can wrapped in a blanket. The neighbors questioned the defendant about the contents of the can. Defendant replied that the can…