Commonwealth v. Johnson

OPINION

THOMPSON, Judge.

This case presents the question of whether an illegal entry into a residence by a police officer renders evidence of a subsequent assault against the officer inadmissible under the exclusionary rule. We hold that it does not and reverse.

Johnson was indicted for the offense of assault in the third degree “by intentionally causing or attempting to cause physical injury to Trooper Jon Allen, a Kentucky State Police Officer.... ” Johnson moved the court to dismiss the indictment on the basis that the officer’s warrantless entry into his home and his subsequent arrest and…