Kentucky Supreme Court· 9/23/2010

Rose v. Commonwealth

Citations

322 S.W.3d 76
2010 Ky. LEXIS 246
2010 WL 3722550

How courts have described this case

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

finding a search of a vehicle incident to the occupant’s arrest unreasonable when the occupant was secured in a police cruiser because “there was no possibility [the occupant] could have gained access to the vehicle to destroy evidence or access a weapon”
finding a search of a vehicle incident to the occupant’s arrest unreasonable when the occupant was secured in a police cruiser because “there was no possibility [the occupant] could have gained access to the vehicle to destroy evidence or access a weapon”
unlawful search incident to arrest where arrested for outstanding warrants for traffic offenses and unknown other charges
“[A]n officer may search a vehicle even when the arrestee is secured if he has a reasonable suspicion that the vehicle harbors evidence of the crime of arrest . . . .” (emphasis omitted)
“an officer may search a vehicle even when the arrestee is secured if he has a reasonable suspicion that the vehicle harbors evidence of the crime of arrest . . . .”
“Appellant was secured in the back of Hardy’s cruiser. As a result, there was no possibility Appellant could have gained access to the vehicle to destroy evidence or to access a weapon.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Scott

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10 cases in this archive cite this case.

Cites

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