Dallis Abney v. Commonwealth of Kentucky

OPINION OF THE COURT BY

JUSTICE NOBLE

This case involves the'validity of a search warrant that was issued based on an affidavit recounting observations made by Cody Abney, Appellant Dallis Abney’s son, of drug-trafficking activity, by Appellant. The .affidavit did not state the time and date when the drug-trafficking activity was observed. In a 1961 opinion, this Court’s predecessor held that a search-warrant “affidavit is defective unless it discloses the time at which the observation was made .... if the affidavit shows on its face that it is based on information, or belief.”. Henson v.…