COM. v. JOHNSON

No. 2006-CA-002200-MR.

245 S.W.3d 821 (2008)

COMMONWEALTH of Kentucky, Appellant v. Larry L. JOHNSON, Appellee.

Court of Appeals of Kentucky.

February 1, 2008.


Attorney(s) appearing for the Case

Gregory D. Stumbo, Attorney General of Kentucky, James C. Shackelford, Assistant Attorney General, Frankfort, KY, for appellant.

Joe F. Childers, Lexington, KY, William Lewis Collins, Whitesburg, KY, for appellee.

Before THOMPSON, Judge; BUCKINGHAM and HENRY, Senior Judges.


OPINION

THOMPSON, Judge.

This case presents the question of whether an illegal entry into a residence by a police officer renders evidence of a subsequent assault against the officer inadmissible under the exclusionary rule. We hold that it does not and reverse.

Johnson was indicted for the offense of assault in the third degree "by intentionally causing or attempting to cause physical injury to Trooper Jon Allen, a Kentucky State Police Officer...

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