Kentucky Supreme Court

Pleas Lucian Kavanaugh v. Commonwealth of Kentucky

April 17, 20142014 Ky. LEXIS 157

Summary

The Kentucky Supreme Court affirmed the Court of Appeals’ denial of Kavanaugh’s motion to suppress cocaine evidence, holding that the arrest and subsequent search were valid despite any issues with the initial Terry stop. The Court found that Kentucky lacks a stop‑and‑identify statute, so Kavanaugh could not be arrested for refusing to give his name, and that his assault on the officer constituted an intervening act that purged any taint from the stop. The decision also reiterated that a suspect’s belief that an arrest is unlawful is not a defense to a charge.