Criminal (Investigatory Stop): COMMONWEALTH V. FIELDS (SC; 6/15/2006)

COMMONWEALTH V. FIELDS
CRIMINAL:  Search incident to arrest and investigatory stops (Terry v. Ohio)
2004-SC-000417-DG.pdf
PUBLISHED
REVERSING; WINTERSHEIMER
DATE:  6/15/2006

The trial judge denied a motion by Fields to suppress the evidence relying on Commonwealth v. Banks, 68 S.W .3d 347 (Ky. 2001), which held that an investigatory stop was justified where the person appeared to be trespassing at a complex posted against trespassing in a high crime area.

SC held: the arrest was proper because a reasonable officer could conclude from all the facts and circumstances that a violation was being committed in his presence. The stop and arrest was not a pretext and such an argument was neither raised nor was any evidence introduced regarding that possibility.

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