Commonwealthv. Blake, 2016-SC-346-DG, to be published
The Court reversed the
Court of Appeals’ decision suppressing the evidence seized from the defendant’s
car. Two officers worked in conjunction
to determine whether the defendant engaged in drug trafficking. The first
officer sent a confidential informant to the same location on two occasions.
Both times, the defendant pulled up in her car and spoke with a third party.
The third party went in to a home. The confidential informant returned with
drugs. The man at the home served as an intermediary between the defendant and
the confidential information. The first officer did not want the defendant to
connect his informant to the transactions, so he asked a second officer to stop
the defendant’s vehicle. The second officer made the stop, claiming the
defendant had failed to illuminate her license plate. This alleged traffic
violation could not withstand scrutiny.
The Court of Appeals ruled the drug
evidence seized from the car must be suppressed. The Kentucky Supreme Court
reversed holding the first officer’s suspicion of the defendant trafficking in
drugs was shared/”transferred” to the second officer. This suspicion justified
the traffic stop and the seizing of the drug evidence.
Contributed by Euva Blandford
