Commonwealth v. Bertram

WILHOIT, Judge.

This is an appeal by the Commonwealth from an order of the Wayne Circuit Court suppressing certain evidence seized by law enforcement officers in the course of a search of the cabin and yard owned by the father of the appellee, E. G. Bertram III. The search was made pursuant to a warrant issued by the clerk of the Wayne Circuit Court under the authority of KRS 15.725(4).

The Commonwealth concedes that the search warrant was defective; however, it insists that the appellee has no “standing” to complain of the search and seizure. No one, other than the officers, was present at the…