Guth v. Commonwealth

OPINION

BUCKINGHAM, Judge.

Carolyn Guth appeals from a judgment of the Clay Circuit Court wherein she was convicted of first-degree possession of a controlled substance (cocaine) and sentenced to two years in prison. The issue involves the admissibility of the fruits of a search of her residence. We believe the trial court erroneously denied Guth’s motion to suppress the evidence and thus reverse and remand.

On April 7, 1997, Officer Todd Roberts, who had been a police officer with the Manchester City Police Department for six months, signed an affidavit for a search warrant for a trailer…