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967 S.W.2d 6 Kentucky Supreme Court April 16, 1998 No. 97-SC-000133-DG
The second officer testified that he announced “police, search warrant” before entering the premises.
Because an occupant, in the face of a valid search warrant, has no right to refuse admission to police, no interest served by the knock and announce rule would be furthered by requiring police officers to stand at an open doorway for
a valid search warrant.
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663 S.W.2d 213 Kentucky Supreme Court December 22, 1983
The police had received a description of the car and the license number used in the robbery. The car was stopped by police, and as Estep was apprehended, he put something under the car.
contents that may conceal the object of the search.
Police who have a legitimate reason to stop an automobile and who have probable cause to believe that the objects of the search are concealed somewhere within the vehicle may conduct a warrantless search of the vehicle and all the
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44 S.W.3d 376 Court of Appeals of Kentucky July 28, 2000 No. 1999-CA-001343-MR
Just after the police officers began to follow the suspects, they pulled off the roadway into a Minit Mart store. The police saw Stewart leave the car and walk across the street to a motel.
Generally, the police may not search an individual without a warrant unless it can be shown that the search falls within one of the recognized exceptions to the rule. 8 The recognized exceptions include: (1) a consensual search
This seizure clearly fell within the consent to search exception to the search warrant requirement.
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400 S.W.3d 250 Kentucky Supreme Court June 20, 2013 No. 2011-SC-000247-MR
When a search is conducted without a warrant, “[t]he Commonwealth carries the burden to demonstrate that the warrantless entry falls within a recognized exception to the warrant requirement.” 54 We hold that the Commonwealth has met
*267 So when police make a valid arrest, they may conduct a protective sweep of areas adjoining the place of arrest from which an attack may be made even without probable cause or reasonable suspicion of the presence of dangerous individuals
In order for a search to be lawful under the first category of the protective-sweep exception to the warrant requirement, the area searched must be adjoining the place of arrest from which an attack may be made, and the search must
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354 S.W.3d 103 Kentucky Supreme Court October 27, 2011 No. 2010-SC-000479-MR
Chavies contends the police did not have probable cause to search his car because Hurley’s incriminating statement was not trustworthy.
When police have probable cause to believe a car contains evidence of criminal activity, they may search the entire vehicle, including areas that are not in plain view. 27 So they *112 could search Chavies’s entire vehicle and seize
Commonwealth, 833 S.W.2d 831, 833 (Ky.1992). . 304 S.W.3d 15, 27 (Ky.2009) ("Under this [plain-view] exception to the warrant requirement, law enforcement officials may seize evidence without a warrant when the initial entry was lawful
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581 S.W.2d 352 Kentucky Supreme Court May 1, 1979
At the conclusion of the questioning the police formally arrested Wagner for the crimes of rape and assault. After the arrest the police conducted an “inventory” search of Wagner’s car for the purpose of “looking for evidence.”
To eliminate this confusion we now find it necessary to restate our views and rest our holding solely upon Section 10 of our constitution. 1 A vehicle may be impounded without a warrant in only four situations: 1.
Because neither a search warrant nor his eon-sent was obtained prior to the routine inventory search for evidence rummaging through the interior of the car constituted an illegal search even though the car had been lawfully impounded
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826 S.W.2d 329 Kentucky Supreme Court March 12, 1992 No. 90-SC-874-DG
The first police officer who responded found a partially empty whisky bottle in Cook’s car and noted that the car smelled strongly of alcohol.
It is fundamental that all searches without a warrant are unreasonable unless it can be shown that they come within one of the exceptions to the rule that a search must be made pursuant to a valid warrant. Coolidge v.
He claims that he did not remember seeing any police at the hospital or giving consent to the search. Trooper Westbrook was at the hospital for quite some time according to his testimony until he was able to speak with Cook.
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147 S.W.3d 1 Kentucky Supreme Court August 26, 2004 No. 2002-SC-0445-DG
Police stopped the vehicle just short of the motel. Following the stop, White gave the officers permission to search the car.
Once an officer has probable or reasonable cause, the officer may arrest the person without a warrant, and in such situations it is immaterial that a search of the person without a search warrant may precede his arrest.
"[T]he sufficiency of probable cause for a search and an arrest without a warrant may be based upon information received through an informant so long as the informant's statement is reasonably corroborated by other matters within the
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386 S.W.2d 743 Court of Appeals of Kentucky (pre-1976) November 25, 1964
The facts of this case present two questions: (1) Does the arrest for a traffic violation give the officer a right to search the automobile without a search warrant? (2) May only the owner object to a search?
At the same time it may be necessary to restrict the powers of search and seizure without warrant which have heretofore existed. For in *745 stance, in Commonwealth v.
by him, without a warrant authorizing it, as it is to search his premises.”
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350 S.W.3d 434 Kentucky Supreme Court September 22, 2011 No. 2010-SC-000263-MR
were found at the scene; and that a police search at the scene several months after the shooting failed to turn up a gun.
Moreover, pursuit by the police may be required for a conventional placement of the evidence to become tampering. Id. Therefore, “removal” of evidence under KRS 524.100 must be construed differently for different defendants.
This is precisely why it is troubling that the police only searched for -the gun at and around the crime scene, and that this search took place five months after Faulkner’s murder.
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286 S.W.3d 780 Kentucky Supreme Court June 25, 2009 No. 2008-SC-000263-MR
Another digital scale was found in the car. A small personal safe containing $6,450 was also found in the car.
contains evidence of the offense of arrest.” 12 Otherwise, “a search of an arrestee’s vehicle will be unreasonable unless police obtain a warrant or show that another exception to the warrant requirement applies.” 13 In the
Kentucky Revised Statutes (KRS) 431.005("(1) A peace officer may make an arrest: (a) In obedience to a warrant; or (b) Without a warrant when a felony is committed in his presence; or (c) Without a warrant when he has probable cause
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462 S.W.2d 905 Court of Appeals of Kentucky January 29, 1971
When the occupants were safely in the patrol car and another officer had arrived to guard them, the yellow Mustang was searched by state police officers without warrant, and two guns, a spent cartridge, and a box of live ammunition
without a search warrant.
Carroll, supra, holds a search warrant unnecessary where there is probable cause to search an automobile stopped on the highway; the car is movable, the occupants are alerted, and the car’s contents may never be found again if a warrant
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577 S.W.2d 34 Court of Appeals of Kentucky January 19, 1979
taped razor case without obtaining a warrant.
The police later obtained a search warrant before making a search *38 of the trunk and other portions of the car.
The question remains whether Arnold could open the taped case without a search warrant.
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528 S.W.2d 687 Court of Appeals of Kentucky (pre-1976) May 9, 1975
The Commonwealth’s contention is that the evidence was admissible under “the rule that evidence of crime found in plain view by law enforcement officers who enter an impounded vehicle without a search warrant for the purpose of inventory
in this area is to assess the reasonableness of the police conduct in light of all the circumstances of the case, without giving effect to the presence or absence of a police regulation.
evidence in support of any charge to which it may be relevant, but that the opening of or prying into compartments or containers within the vehicle constitutes a search, which in the absence of a warrant or of special circumstances
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393 S.W.3d 15 Kentucky Supreme Court March 21, 2013 No. 2011-SC-000403-DG
Because the police invaded the curtilage without a search warrant, the search was illegal. Thus, this Court affirms the decision of the Court of Appeals, which found that the trial court erred in not suppressing the evidence. I.
The police may invade the curtilage without a warrant only to the extent that the public may do so. And the public may not do so without reasonable limitations.
Thus, just as the police may invade the curtilage without a warrant only to the extent that the public may do so, they may also invade the curtilage only when the public may do so.
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327 S.W.3d 468 Kentucky Supreme Court December 16, 2010 No. 2008-SC-000965-DG
While other cases may recognize that asking “where’s your warrant” may amount to refusing consent under certain circumstances, 27 we are unaware of any cases recognizing a refusal to consent through asking “where’s your warrant” where
to search respondent's car included consent to search containers within that car which might bear drugs,” especially as drugs are generally carried in containers); United States v.
must have warrant to search.).
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578 S.W.2d 47 Kentucky Supreme Court February 27, 1979
About 1:00 or 1:30 in the afternoon, Gist received a reply from an inquiry made to the Evañsville Police Department concerning the appellant and his car.
A I was prepared to get a search warrant if he did not consent to the search.”
Another officer secured appellant’s keys and opened the trunk of the automobile and seized a sizeable quantity of various narcotics. 1 All searches without a valid search warrant are unreasonable unless shown to be within one of
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737 S.W.2d 695 Kentucky Supreme Court October 15, 1987 No. 87-SC-60-MR
The officers sent for a search warrant for the hotel room and for a car in the parking lot which was registered to Moran, who had rented Room 206.
Examination of the briefcase revealed one thousand dollar bill wrappers, a calculator, and a General Motors car key. [*] This discovery, coupled with the overheard conversation, created probable cause to obtain a warrant for the search
The police found money wrappers for $1,000 bills, a calculator and a General Motors car key.
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192 S.W.3d 318 Kentucky Supreme Court May 18, 2006 No. 2003-SC-0305-MR
Summers, 452 U.S. 692 , 101 S.Ct. 2587 , 69 L.Ed.2d 340 (1981) (police may detain person in the act of leaving premises where police have a proper warrant to search premises for contraband). Id. at 1223.
Although no special danger to the police is suggested by the evidence in this record, the execution of a warrant to search for narcotics is the kind of transaction that may give rise to sudden violence or frantic efforts to conceal
and control without a valid search warrant. . . .
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179 S.W.3d 882 Court of Appeals of Kentucky December 14, 2005 No. 2004-CA-001375-MR
Prior to pleading guilty, Johnson unsuccessfully filed a motion to suppress the introduction of evidence discovered during a police search of his automobile. He now appeals the order that denied his motion to suppress.
Dortch provided his license and the rental car papers, and one of the officers ran a computer check to search for any outstanding warrants and to determine whether the car was stolen.
The dog alerted to the driver’s side door and seat, but a subsequent search of the car revealed no contraband. However, the officers then conducted a pat-down search of Dortch and found drugs on his person.
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