DUI stop (Kentucky) · Go Syfert
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DUI stop in Kentucky

7 Kentucky opinions name it 2 courts 2018–2026 5 in the last five years

The cases below were cited by Kentucky courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Thomas J. Davis v. Commonwealth of Kentuckygreen
ky · 2016 · cited in 2 Kentucky opinions naming this issue, 2025–2026
2 sentences

2026In Davis, the Supreme Court held that a DUI stop was unreasonably prolonged for a dog sniff search because “no evidence suggest[ed] that Appellant’s speech, demeanor, or behavior otherwise exhibited any characteristics associated with drug or alcohol intoxication from which an officer might reasonably believe further investigation was necessary.” 484 S.W.3d at 294 .

2025See Davis, 484 S.W.3d at 294 (“The only reason for the sniff search was to discover illegal drugs . . . which adds nothing to indicate if the driver is under the influence and is clearly beyond the purpose of the original DUI stop.”).

12
Commonwealth of Kentucky v. Jared McCarthygreen
ky · 2021 · cited in 1 Kentucky opinions naming this issue, 2021–2021
1 sentence

2021McCarthy, 628 S.W.3d at 32-33.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Commonwealth of Kentucky v. Telly Savalas Denson green
ky · 2017
2 sentences

2018The Court held that any reference to the five-year look-back period that may have occurred during the defendants' bargain process "were not intended to constitute an immunization of DUI defendants from the 2016 changes to the DUI statute, and so may not be relied upon by defendants to avoid the application of the new look-back period." Id. at 745 .

2018This theory produces an absurd result, which further supports our conclusion that this was not the intent of the plea agreement language relied upon by the defendants. .... [W]e conclude that language in DUI agreements such as that in this case, and similar allusions to the five-year look-back period which may have occurred during the plea bargain process, were not intended to constitute an immunization of DUI defendants from the 2016 changes to the DUI statute, and so may not be relied upon by defendants to avoid the application of the new look-back period. 529 S.W.3d at 745 .

22018–2018
United States v. Sokolow green
scotus · 1989
2 sentences

2026A reasonable suspicion is more than an “unparticularized suspicion or ‘hunch.’” Bauder, supra. Reasonable suspicion, while requiring less of a showing than probable cause, requires at least a minimal level of objective justification for making the stop.14 Accordingly, the stop of an automobile and the resulting detention of the driver are unreasonable, under the Fourth Amendment, absent a reasonable, articulable suspicion that the driver is unlicensed, or that the 14 United States v. Sokolow, 490 U.S. 1, 7 , 109 S. Ct. 1581, 1585 , 104 L.

2026A reasonable suspicion is more than an “unparticularized suspicion or ‘hunch.’” Bauder, supra. Reasonable suspicion, while requiring less of a showing than probable cause, requires at least a minimal level of objective justification for making the stop.14 Accordingly, the stop of an automobile and the resulting detention of the driver are unreasonable, under the Fourth Amendment, absent a reasonable, articulable suspicion that the driver is unlicensed, or that the 14 United States v. Sokolow, 490 U.S. 1, 7 , 109 S. Ct. 1581, 1585 , 104 L.

12026–2026
Bauder v. Commonwealth green
ky · 2009
1 sentence

2026A reasonable suspicion is more than an “unparticularized suspicion or ‘hunch.’” Bauder, supra. Reasonable suspicion, while requiring less of a showing than probable cause, requires at least a minimal level of objective justification for making the stop.14 Accordingly, the stop of an automobile and the resulting detention of the driver are unreasonable, under the Fourth Amendment, absent a reasonable, articulable suspicion that the driver is unlicensed, or that the 14 United States v. Sokolow, 490 U.S. 1, 7 , 109 S. Ct. 1581, 1585 , 104 L.

12026–2026
Commonwealth v. Kelly green
ky · 2005
1 sentence

2026Commonwealth v. Kelly, 180 S.W.3d 474 (Ky. 2005).

12026–2026
Birchfield v. N. Dakota. William Robert Bernard green
scotus · 2016
1 sentence

2021Id. at 2174-83 .

12021–2021

Statutes the citing opinions construe

KY § Ky. Rev. Stat. § 189A.010 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 71 (1989–2026) IL 50 (1985–2023) AZ 36 (1985–2026) GA 35 (1985–2023) VT 24 (1991–2024) KS 20 (1989–2023) FL 20 (1988–2015) CA 14 (1993–2026) MT 13 (1987–2024) HI 13 (1985–2009) MS 11 (1997–2023) OH 10 (2000–2017) WA 9 (1998–2019) TX 7 (2014–2015) KY 7 (2018–2026) TN 6 (1996–2013) ID 6 (1991–2026) SD 6 (1990–2020) CO 5 (2001–2020) UT 5 (2003–2016) WV 5 (2001–2015) NJ 3 (2013–2020) NE 3 (2002–2016) MD 3 (2015–2024) ND 3 (1985–2005) DE 2 (2016–2017) WY 2 (2004–2024) NV 2 (1987–2010) AK 2 (2010–2018) SC 2 (2004–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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