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COM. v. MOBLEY

No. 2003-SC-000807-DG.

160 S.W.3d 783 (2005)

COMMONWEALTH OF KENTUCKY, Appellant, v. Ronnie MOBLEY, Appellee.

Supreme Court of Kentucky.

As Modified April 28, 2005.

Attorney(s) appearing for the Case

Gregory D. Stumbo, Attorney General of Kentucky, Carlton S. Shier, Assistant Attorney General, Criminal Appellate Division, Office of the Attorney General, Frankfort, Counsel for Appellant.

V. Gene Lewter, Lexington, Counsel for Appellee.

LAMBERT, Chief Justice.

KRS 431.005 authorizes a police office to arrest a person, inter alia, "without a warrant when a misdemeanor, as defined in KRS 431.060, has been committed in his presence." In the course of a routine weapons search of three men sitting in a parked truck, a police officer saw a crack pipe in plain view in the passenger side floor near where Appellee, Ronnie Mobley, was sitting. The officer arrested the driver and the two passengers of...

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