Legal Opinion

Commonwealth v. Murray

Court of Appeals of Kentucky

Decided December 10, 2004No. 2002-CA-001507-MRPublishedCited by 1 opinion

1Opinion of the Court

OPINION

VANMETER, Judge.

This is an appeal from an order entered by the Russell Circuit Court granting ap-pellee David Earl Murray’s motion to suppress evidence obtained as a result of a warrantless search. The issue on appeal is whether the circuit court erroneously suppressed the marijuana that was seized in an area beyond the curtilage of Murray’s property. For the reasons stated hereafter, we reverse.

Murray owns property in a remote area on Mills Road in Russell County. A mobile home and a recreational vehicle (“RV’) sit on a cleared area, which backs up to a tree line and woodland. Both…

2Cases cited10 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. Oliver v. United StatesSupreme Court of the United States · 1984
  3. United States v. DunnSupreme Court of the United States · 1987
  4. Hester v. United StatesSupreme Court of the United States · 1924
  5. Estep v. CommonwealthKentucky Supreme Court · 1983

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3Cited by1 opinion

  1. Commonwealth v. MurrayCourt of Appeals of Kentucky · 2004

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