Commonwealth v. Cox

I fully concur with the Chief Justice’s well-reasoned opinion, but write to be even more emphatic and to elaborate on the rights of the citizens involved in roadblocks.

As the Chief Justice articulates, the Fourth Amendment to the United States Constitution and our own Kentucky Constitution, which mirrors the federal language, mandate that any warrantless search be legally reasonable. Warrantless searches of private homes and seizures therein are per se unreasonable, absent exigent circumstances, but warrantless stops of vehicles may be reasonable under more circumstances. Ordinarily, if there…