COM. v. OUSLEY

No. 2011-SC-000403-DG.

393 S.W.3d 15 (2013)

COMMONWEALTH of Kentucky, Appellant v. Danny Lee OUSLEY, Appellee.

Supreme Court of Kentucky.

March 21, 2013.


Attorney(s) appearing for the Case

Jack Conway , Attorney General, David Wayne Barr , Assistant Attorney General, Office of the Attorney General, Office of Criminal Appeals, Frankfort, KY, for appellant.

Louis W. Rom , Lexington, KY, for appellee.


Opinion of the Court by Justice NOBLE.

The police in this case walked onto the Appellee's property and into an area near his home late at night to search trash in closed trash containers which ended up containing evidence of drug trafficking. The containers had not been put out on the street for trash collection. Because the police invaded the curtilage without a search warrant, the search was illegal. Thus, this Court affirms the decision of the Court of Appeals...

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