declining to reach a standing issue where the record was not complete as to that issue
How later courts described this case
- declining to reach a standing issue where the record was not complete as to that issue
Written by the judges who cited it.
Later courts went against this
Overruled on other grounds by Henry v. Commonwealth, 2008 Ky. LEXIS 320 (2008)
Clark v. Commonwealth, 868 S.W.2d 101, 106 (Ky.App.1993) overruled on other grounds by Henry v. Commonwealth, 275 S.W.3d 194 (Ky.2008).
The opinion
EMBERTON, Judge,
concurring.
Albeit reluctantly, I concur with the result of the majority. I have no doubt that the *109 Kentucky State Police has established policy relating to inventory search; however, under Florida v. Wells, 495 U.S. 1, 3-4 , 110 S.Ct. 1632, 1634-35 , 109 L.Ed.2d 1, 6 (1990), the failure of the Commonwealth to put such fact into evidence is fatal to the inventory search.