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COM. v. GORDON

621 S.W.2d 27 (1981)

COMMONWEALTH of Kentucky, Complainant, v. David Leon GORDON, Respondent.

Supreme Court of Kentucky.

September 22, 1981.

Attorney(s) appearing for the Case

Steven L. Beshear, Atty. Gen., Robert V. Bullock, Asst. Atty. Gen., Frankfort, for complainant.

Frank W. Heft, Jr., Chief Appellate Defender of the Jefferson District Public Defender, Daniel T. Goyette, Chief Deputy Public Defender of Counsel, Jefferson District Public Defender, Louisville, for respondent.

OPINION OF THE COURT

The sole issue on this appeal is whether a photograph of a juvenile, retained in violation of KRS 208.196 and used as identification of a suspect (then an adult) in a criminal prosecution, is a violation of the fourth amendment.

Following the commission of an armed robbery in July of 1979, the victims viewed numerous photographs on the wall of Louisville police headquarters. One of them was that of respondent, taken 16 days before his...

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