COM. v. MURRAY

No. 2002-CA-001507-MR.

174 S.W.3d 492 (2004)

COMMONWEALTH of Kentucky, Appellant, v. David Earl MURRAY, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court November 16, 2005.


Attorney(s) appearing for the Case

Albert B. Chandler III, Attorney General of Kentucky, Matthew D. Nelson, Assistant Attorney General, Frankfort, KY, for Appellant.

Jeffrey H. Hoover, Jamestown, KY, for Appellee.

Before MINTON, GUIDUGLI and VANMETER, Judges.


OPINION

VANMETER, Judge.

This is an appeal from an order entered by the Russell Circuit Court granting appellee David Earl Murray's motion to suppress evidence obtained as a result of a warrantless search. The issue on appeal is whether the circuit court erroneously suppressed the marijuana that was seized in an area beyond the curtilage of Murray's property. For the reasons stated hereafter, we reverse.

Murray owns property in a remote area...

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