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CREECH v. COMMONWEALTH

No. 89-CA-2347-MR.

812 S.W.2d 162 (1991)

Daryle G. CREECH, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court August 21, 1991.

Attorney(s) appearing for the Case

Mark Alan Posnansky, Appellate Public Advocate, Louisville, for appellant.

Frederic J. Cowan, Atty. Gen., Valerie L. Salven, Asst. Atty. Gen., Frankfort, for appellee.

Before HOWERTON, CLAYTON and McDONALD, JJ.

HOWERTON, Judge.

Daryle Creech moved to suppress evidence obtained in the seizure of cocaine, and when the trial court denied the motion, Creech entered a conditional plea. RCr 8.09. He was sentenced to two years in prison. The only issue we must determine is whether the stop of Creech's pick-up truck violated his constitutional rights to be free from unreasonable search and seizure. U.S. Const.Amend. IV; Ky. Const. § 10. Clearly, if the vehicle were stopped...

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