Erick Vega v. Commonwealth of Kentucky

Summary

The Kentucky Supreme Court affirmed the denial of Vega’s motion to suppress, holding that the officers had probable cause to arrest him for carrying a concealed deadly weapon. Because the gun was positioned so that it was not observable from the driver’s side or during ordinary contact, a reasonable officer could conclude that it was concealed, making the ensuing search of Vega’s person valid as incident to arrest. Justice Scott, joined by Justice Venters, dissented, reasoning that a weapon immediately visible to an officer cannot simultaneously be concealed.