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Misdescription of address or rural property was not material where the building was clearly described

By John Wesley Hall, Jr.

Misdescription of address of rural property was not material where rural property is had to identify by address because the address is not on a building and multiple buildings are often next to each other and the physical description of the property was quite adequate. There was no chance the officers searched the wrong building. Fentress v. Commonwealth, 2008 Ky. App. LEXIS 204 (June 27, 2008).* Police came to defendant's shop to talk to him about a domestic disturbance, and they saw tin foil boats for smoking meth in plain view, so the seizure was valid. Koster v. State, 2008 Ark. LEXIS 434 (June 26, 2008).* Defendant was stopped for having no lights on his trailer, and the officer decided to put him in the patrol car. The officer asked if he minded being patted down for weapons and he answered "Yeah...continue to full post

Full post as published by Fourth Amendment on July 02, 2008 (boomark / email).