Opinion

Clark v. Commonwealth

  • 868 S.W.2d 101
  • 1993 Ky. App. LEXIS 119
  • 1993 WL 331792
Court
Court of Appeals of Kentucky
Filed
Sep 3, 1993
Status
Published
Author
Emberton
On the bench
Emberton, Schroder, Stumbo
Cited by
16 cases
Authority
More cited than 8.1%

Overruled on other grounds by Henry v. Commonwealth, 2008 Ky. LEXIS 320 (2008)

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).
    Kentucky Supreme CourtDec 18, 20082 citing opinionsother groundsRead it

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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