Commonwealth v. Shelton

I must respectfully dissent. On July 22, 1985, a search warrant was issued to the Kentucky State Police empowering them to search the respondent's premises in Hickman County. Both the affidavit and the warrant meticulously described the premises to be searched and directions to said premises. It also described two vehicles, and authorized the seizure of any marijuana “manufactured, cultivated or possessed” in violation of KRS 218A.990 and any paraphernalia. While searching the described premises, the police found 322 plants of marijuana and also found a locked brief case under the bed which…