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FOR PUBLICATION

ATTORNEYS FOR APPELLANT: STEVE CARTER Attorney General of Indiana CYNTHIA L. PLOUGHE Deputy Attorney General Indianapolis, Indiana

ATTORNEY FOR APPELLEE: KELLY LEEMAN Leeman & Burns Logansport, Indiana

IN THE COURT OF APPEALS OF INDIANA
STATE OF INDIANA, Appellant-Plaintiff, vs. GERRY RICHARD HARMON, Appellee-Defendant. ) ) ) ) ) ) ) ) )

No. 09A02-0508-CR-789

APPEAL FROM THE CASS SUPERIOR COURT The Honorable Richard Maughmer, Judge Cause No. 09D02-0408-FA-6

May 9, 2006 OPINION - FOR PUBLICATION

RILEY, Judge

STATEMENT OF THE CASE Appellant-Plaintiff, the State of Indiana (the State), appeals from the trial court's grant of Appellee-Defendant's, Gerry Harmon (Harmon), Motion to Suppress. We reverse. ISSUE The State raises one issue on appeal, which we restate as: Whether the trial court erred in granting Harmon's Motion to Suppress evidence seized from a search of Harmon's home where the basis of the search warrant for his home was evidence seized by an officer's prior, warrantless searches of Harmon's trash. FACTS AND PROCEDURAL HISTORY Indiana State Police Trooper Robert Burgess (Trooper Burgess) received a tip from a confidential informant that illegal drug activity was occurring at Harmon's residence in Cass County, Indiana. Specifically, the informant told Trooper Burgess that he knew various individuals who frequented Harmon's residence and obtained drugs. The informant provided Trooper Burgess with the names of some of these individuals. As coordinator for the marijuana eradication unit in his district, Trooper Burgess developed a procedure for collecting the garbage left curbside at the residences of individuals suspected of dealing or using illegal drugs. Accordingly, on July 16, 2004, and August 4, 2004, Trooper Burgess went to Harmon's residence and collected the garbage put outside for pick-up on those particular days. In examining both sets of garbage, Trooper Burgess found several items associated with the use and sale of drugs,

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including a number of plastic bags containing marijuana residue, as well as plastic tubes commonly employed when using methamphetamine. Following the search of Harmon's trash on August 4, 2004, Trooper Burgess filed a probable cause affidavit to obtain a search warrant for Harmon's residence, which was issued and executed the same day. As a result, on August 9, 2004, the State filed an information charging Harmon with the following: Count I, dealing in methamphetamine, as a Class A felony, Ind. Code

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