People v. Balsley

The trial court granted the motion of defendant, Michael K. Balsley, to quash a warrant to search defendant’s home and to suppress evidence found during the search. On appeal, the State argues that (1) where officers search curbside trash near a residence and recover contraband and documents linking a suspect and the trash to that residence, probable cause exists to search the residence and (2) during the suppression hearing, the trial court erred in admitting defendant’s affidavit and thus allowing defendant to avoid testifying. We reverse.

Before the police searched defendant’s home,…