Legal Opinion
Commonwealth v. Sebastian
Court of Appeals of Kentucky (pre-1976)
Decided October 12, 1973PublishedCited by 15 opinions
1Opinion of the Court
GARDNER, Commissioner.
At the trial of O’Neal Sebastian, for knowingly receiving stolen property, after both sides answered ready, Sebastian moved the court to suppress the evidence obtained by a warrantless search of his house. The court sustained the motion and the case was dismissed “with prejudice.” Thereupon the Commonwealth perfected an appeal for a certification of the law pursuant to KRS 21.140(3).
Two issues are involved, namely, (1) whether a wife’s grant of permission to search a house jointly possessed by her and her husband, when the husband was absent, precluded the husband from…
2Cases cited15 opinions
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- Amos v. United StatesSupreme Court of the United States · 1921
- William L. Maxwell v. Dan D. Stephens, Superintendent of Arkansas State PenitentiaryCourt of Appeals for the Eighth Circuit · 1965
- People v. DurenCalifornia Supreme Court · 1973
- United States v. John ThompsonCourt of Appeals for the Fifth Circuit · 1970
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3Cited by15 opinions
- McQueen v. CommonwealthKentucky Supreme Court · 1984
- Cook v. CommonwealthKentucky Supreme Court · 1992
- Colbert v. CommonwealthKentucky Supreme Court · 2001
- United States v. ClowUnited States Court of Military Appeals · 1988
- Yuma County Attorney v. McGuireArizona Supreme Court · 1975
10 more not listed; retrieve them via the Exa API.