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Criminal - Search and seizure, good faith exception, probable cause: Beckam v. Commonwealth (COA 4/24/2009)

By Michael Stevens

Beckam v. Commonwealth
2008-CA-000277
04/24/2009
2009 WL 1097985
Opinion by Judge VanMeter; Judge Lambert concurred; Senior Judge Knopf dissented by separate opinion.

The Court affirmed a circuit court judgment sentencing appellant after a jury found him guilty of several drug-related offenses. The Court held that the trial court did not err in failing to suppress evidence found at appellant?s home pursuant to the execution of a search warrant. The Court held that the police officer?s affidavit provided a sufficient nexus for authorizing the warrant to search the residence. The conditions of two rental cars permitted the inference that appellant might be involved in drug trafficking and permitted the inference that evidence of drug trafficking might be found at his home. The Court also held that the evidence was admissible pursuant to the good-faith exception to the exclusionary rule as the officer?s believe in the existence of probable cause was not wholly unreasonable.

Full post as published by Kentucky Cases on September 07, 2009 (boomark / email).