Brown v. Commonwealth – COA, 2/14/14, reversing and remanding, to be published
Police received information that
Appellant and two other men had assaulted a woman with a handgun and retreated
to Appellant’s home. Police also knew that Appellant had an AK-47 assault
rifle inside the house. Police went to the residence and ordered the men
out. The three men emerged with two women and informed the officers no
one remained inside. Officers conducted a protective sweep of the house
and found guns, marijuana, and drug paraphernalia. The Court found that
the officers did not have articulable information to reasonably believe
someone remained inside the home. A general concern that someone might
still be in there did not justify the search.
Steve Buck represented Mr. Brown on appeal. Chris Tracy
represented Appellant in Fayette Circuit Court.
Contributed by Karen Maurer
