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COM. v. ELLIOTT

No. 2009-CA-001603-MR.

322 S.W.3d 106 (2010)

COMMONWEALTH of Kentucky, Appellant, v. Thomas ELLIOTT, Appellee.

Court of Appeals of Kentucky.

September 10, 2010.

Attorney(s) appearing for the Case

Jack Conway , Attorney General, Michael J. Marsch , Assistant Attorney General, Frankfort, KY, for appellant.

No brief for appellee.

Before CLAYTON and LAMBERT, Judges; HENRY, Senior Judge.

OPINION

LAMBERT, Judge:

The Commonwealth appeals a July 8, 2009, Logan Circuit Court order granting Thomas Elliott's motion to suppress evidence of cocaine and drug paraphernalia found in his automobile. The Commonwealth contends the trial court erred in holding that the evidence was seized in violation of Elliott's Fourth Amendment rights. After careful review, we reverse the trial court.

Despite...

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