Commonwealth v. Kelly

GRAVES, Justice.

Appellee, Michael Kelly, was indicted on three counts of trafficking in a controlled substance and one count of driving under the influence. Appellee moved to dismiss the indictments, arguing that the evidence supporting his indictments was seized in violation of his right to be free from unreasonable seizures. U.S. Const, amend. IV and XIV; Ky. Const. § 10. The trial court granted Appellee’s motion, finding that the evidence should be suppressed due to the fact that it was obtained as the result of an unlawful seizure. The Commonwealth appealed. The Court of Appeals affirmed…