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KY: Quarles applies under the state constitution

By John Wesley Hall, Jr.

Quarles public safety exception is consonant with the Kentucky Constitution. Defendant was questioned about a discarded gun. Henry v. Commonwealth, 2008 Ky. LEXIS 320 (December 18, 2008), aff'g unpublished opinion of Court of Appeals.* An anonymous tip of DUI does not support a stop unless the officer sees something that supports the conclusion the driver is under the influence. Here there was none. Harris v. Commonwealth, 2008 Va. LEXIS 108 (October 31, 2008).* Defendant had no expectation of privacy in his city owned computer that child porn was found on. United States v. Zimmerman, 2008 U.S. App. LEXIS 25599 (5th Cir. December 16, 2008) (unpublished).*

Full post as published by Fourth Amendment on December 22, 2008 (boomark / email).