Kentucky Supreme Court

Joseph Pace v. Commonwealth of Kentucky, Appellee and Brandon Collins v. Commonwealth of Kentucky

March 23, 2017529 S.W.3d 747

Summary

The court held that officers unlawfully entered and searched the appellants' apartment and unlawfully viewed marijuana from the protected curtilage. The protective-sweep, emergency-aid, and plain-view exceptions did not justify the initial entry, and the appellants' subsequent consents were not sufficiently attenuated from the illegality to purge its taint. The court therefore reversed, vacated the suppression ruling, and remanded for further proceedings.