Commonwealth v. Johnson

MONTGOMERY, Judge.

The motion to suppress evidence and to dismiss an indictment was sustained. The indictment charged John Rodney Johnson, Tracey Cornell Levison, and Edsel Lightsy with storehouse breaking. KRS 433.150. The Commonwealth has appealed. No jury was impaneled.

Two questions are raised: Did the trial court err in sustaining a motion to suppress the evidence concerning several stolen television sets where the sets were plainly and openly visible to the police officers from the street prior to the arrest of defendants, and when the police officers had probable cause to believe that…