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COM. v. JONES

No. 2004-SC-001017-DG.

217 S.W.3d 190 (2006)

COMMONWEALTH OF KENTUCKY, Appellant, v. Charles JONES, Appellee.

Supreme Court of Kentucky.

As Corrected December 1, 2006.

Rehearing Denied April 19, 2007.

Attorney(s) appearing for the Case

Gregory D. Stumbo, Esq., Attorney General of Kentucky, Michael L. Harned, Esq., Assistant Attorney General, Office of Criminal Appeals, Frankfort, Counsel for Appellant.

Shannon Dupree, Esq., Assistant Public Advocate, Department of Public Advocacy, Euva D. May, Assistant Public Advocate, Appellate Division, Department of Public Advocacy, Frankfort, Counsel for Appellee.

Opinion of the Court by Justice MINTON.

We granted the Commonwealth of Kentucky's motion for discretionary review of the Court of Appeals's decision, which held that a pat-down search of Charles Jones exceeded the proper bounds of the "plain feel" exception to the Fourth Amendment's warrant requirement. Because the incriminating nature of the contents of a pill bottle produced from Jones's pants pocket was not apparent until the pill bottle was removed from the pocket...

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