Commonwealth v. Simmons

DYCHE, Judge.

The Commonwealth of Kentucky appeals the order of the Oldham Circuit Court dismissing the indictment against appellee Bruce Wayne Simmons. We affirm.

Appellee Simmons was a member of a work detail sent from Roederer Farm Center in Oldham County to the Kentucky State Fairgrounds in Jefferson County on August 16, 1986. Having noticed inmate Simmons conversing with a civilian, Correctional Officer Janet Thomas proceeded to frisk Simmons, whereupon she discovered in his pockets a small knife and a Ticketron envelope containing five butts of marijuana cigarettes. Subsequently, the…