Kentucky Supreme Court

David Milam v. Commonwealth of Kentucky

May 14, 20152015 Ky. LEXIS 1617

Summary

The Kentucky Supreme Court held that a fraternity house is a private residence for Fourth Amendment purposes and that the detectives’ warrant‑less entry exceeded the permissible scope of a knock‑and‑talk, rendering the subsequent consent invalid and requiring suppression of the marijuana and related evidence. The Court reversed the Court of Appeals, vacated the guilty plea, and remanded for further proceedings.