Anthony Maloney v. Commonwealth of Kentucky

Summary

The court held that the officer lacked authority to arrest Maloney without a warrant because his misdemeanor alcohol-intoxication offense was not committed in the officer's presence. Maloney's motion to suppress should therefore have been granted because the firearm was discovered during an unauthorized search incident to arrest. The court also held that the officer's entry onto the open front porch did not violate constitutional privacy protections.