Commonwealth v. Elliott

OPINION

LAMBERT, Judge:

The Commonwealth appeals a July 8, 2009, Logan Circuit Court order granting Thomas Elliott’s motion to suppress evidence of cocaine and drug paraphernalia found in his automobile. The Commonwealth contends the trial court erred in holding that the evidence was seized in violation of Elliott’s Fourth Amendment rights. After careful review, we reverse the trial court.

Despite being given several opportunities to do so, Elliott failed to file a brief. Accordingly, we will set forth the Commonwealth’s statement of facts and issues, presuming such to be correct. Kentucky Rules…