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MILAM v. COMMONWEALTH

2013-SC-000681-DG.

483 S.W.3d 347 (2015)

David MILAM, Appellant v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

Rehearing Denied September 24, 2015.

Attorney(s) appearing for the Case

COUNSEL FOR APPELLANT: Fred E. Peters , Fred Peters Law Office, Rhey Denniston Mills , Fred Peters Law Office

COUNSEL FOR APPELLEE: Jack Conway , Attorney General of Kentucky, Kenneth Wayne Riggs Assistant Attorney General, Thomas Allen Van De Rostyne , Assistant Attorney General

OPINION OF THE COURT BY JUSTICE CUNNINGHAM

In the fall of 2010, Appellant, David Zax Milam, was a member of the Delta Tau Delta fraternity at the University of Kentucky. He leased a room at the fraternity house that was located near the University campus. The house was owned by the fraternity. On November 30, 2010, University of Kentucky Police Detective John McBride received a tip that Milam was selling marijuana at the fraternity house. McBride and...

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