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COM. v. OPELL

No. 1997-CA-002984-MR.

3 S.W.3d 747 (1999)

COMMONWEALTH of Kentucky, Appellant, v. David OPELL, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court November 10, 1999.

Attorney(s) appearing for the Case

A.B. Chandler III, Attorney General, Christopher Brown Assistant Attorney General, Frankfort, KY, Kurt Kruthoffer, Special Assistant Attorney General, Paintsville, KY, Michael L. Harned, Assistant Attorney General, Frankfort, KY, for Appellant.

Lowell E. Spencer, Paintsville, KY, for Appellee.

Before JOHNSON, KNOX and SCHRODER, Judges.

OPINION

JOHNSON, Judge.

The Commonwealth has appealed pursuant to Kentucky Revised Statutes (KRS) 22A.020(4) from an order of the Lawrence Circuit Court entered on October 29, 1997, suppressing from evidence all items seized during a search conducted by police officers on August 31, 1996. We reverse and remand.

On August 31, 1996, the appellee, David Opell (Opell), was observed near his home by Fish and Wildlife Officer Carl Salyers (Officer...

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