Gallman v. Commonwealth

REED, Justice.

David Scott Gallman, the appellant, was convicted on ten counts of trafficking in controlled substances and sentenced to twenty years in prison. The critical issue is whether evidence secured by the prosecution as the result of a warrantless search of a motor vehicle was admissible.

Although in the trial court the warrant-less search was held to be permissible on the basis of a claimed consent by appellant, the Commonwealth at the oral argument and in its brief appears to concede that this justification is not sustainable. Johns v. Commonwealth, Ky., 394 S.W.2d 890 (1965). It is…