Commonwealth v. Hagan

OSBORNE, Judge.

This is an appeal by the Commonwealth from an order of the Taylor Circuit Court dismissing an indictment. The basis of the action of the trial court was that evidence seized at the time of the arrest was obtained as a result of an illegal search and, therefore, was inadmissible upon the prosecution of the case. 1 This determination was made at a preliminary hearing prior to the impaneling of a jury. We are of the opinion that the search of the automobile was legal and the evidence admissible, therefore, the judgment will have to be reversed. The facts upon which the trial court…