Kentucky Supreme Court· 3/21/2013

Commonwealth v. Ousley

Citations

393 S.W.3d 15
2013 WL 1181956
2013 Ky. LEXIS 43

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that police officers engaged in an unconstitutional search by entering the curtilage of the defendant’s home without a search warrant and removing trash bags from a trash container
distinguishing Greenwood because it did not deal with garbage within the curtilage
“[J]ust as a private salesperson — absent no-solicitation signs, no-trespass signs, etc. — has implicit permission to approach the house to conduct business with the inhabitants, so too do the police.”
midnight intrusion by police on homeowner’s driveway unconstitutional because “[a]bsent an emergency, such as the need to use a phone to dial 911, no reasonable person would expect the public at his door at [that] time[]”
midnight intrusion by police on homeowner’s driveway unconstitutional because “[a]bsent an emergency, such as the need to use a phone to dial 911, no reasonable person would expect the public at his door at [that] time[]”
“Girl Scouts, pollsters, mail carriers, door-to-door salesmen just do not knock on one’s door at midnight; and if they do, they are more likely to be met by an enraged (and possibly armed) resident than one with a welcoming smile.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Abramson, Also, Cunningham, Minton, Noble, Scott, Venters

Read full opinion on CourtListener

Cited by

15 cases in this archive cite this case.

Cites

35 cases in this archive are cited by this case; the 20 most cited are listed.

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