Monday, February 17, 2014

KYCOA - Brown - Protective Sweep

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