Maloney v. Commonwealth

OPINION OF THE COURT BY JUSTICE VENTERS

After the Montgomery Circuit Court denied his motion to suppress evidence, Appellant Anthony Maloney entered a conditional guilty plea to being a convicted felon in possession of a firearm, carrying a concealed deadly weapon, and alcohol intoxication in a public place. He was sentenced to five years’ imprisonment. The motion to suppress evidence was based upon the argument that Appellant’s initial arrest for alcohol intoxication was improper and, therefore, the evidence obtained during the search incident to his arrest must be suppressed as the tainted…