Kearney v. Commonwealth

Opinion

BENTON, J.

Benjamin Frank Kearney seeks reversal of three drug related convictions on the ground that evidence admitted against him at trial was seized in a search which exceeded the scope of a search warrant. We conclude that there was no fourth amendment violation as alleged by Kearney and affirm the convictions.

On April 2, 1985, an informant made a “controlled drug buy” from Kearney of a small plastic bag containing cocaine. After leaving Kearney’s residence with the cocaine, the informant reported that he believed Kearney concealed his narcotics somewhere in the backyard adjoining…