Thursday, December 20, 2012

KY COA Dec 7 - Brooks- 4th Amendment

Commonwealth v. Brooks, 2011-CA-002075

Police obtained consent, in writing, to search a home.  Several people were in the home and secured at the time.  Police found a purse in the basement.  They searched the purse and found drugs.  The trial court suppressed the evidence.  The Kentucky Court of Appeals upheld the suppression.  They stated that the third party consent to search the home did not extend to the purse found in the basement and there was no exception to the warrant requirement in this situation.

Contributed by John Landon