Atkins v. State

OPINION

WILSON, Justice.

The trial court conducted a motion to suppress evidence. During the hearing, Officer Kwiatkowski of the Houston police department testified he was an eyewitness to appellant, Evers Lee Atkins, abandoning baggies subsequently found by the officer to contain heroin. The fundamental issue presented is whether the baggies are rendered inadmissible as evidence because of the officer’s entry, without probable cause, onto the curtilage of appellant’s residence from where he viewed appellant drop the baggies. We affirm.

After the court denied the motion to suppress and, pursuant…