Patrick v. Commonwealth

Fred Patrick was convicted of possession of burglary tools, in violation of KRS 433.-120(2), and was sentenced to a term of two years’ confinement in the penitentiary. On appeal from the judgment of conviction, Patrick’s sole contention is that the admission of evidence concerning the tools, over his objection, was error because the evidence was obtained through an unlawful search of his automobile by the police. We find merit in the contention.

Around 2:30 a. m. on a day in October 1972, a city patrolman of Danville, Kentucky, saw Patrick walk away from the front of a store in a shopping…