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12 Kentucky opinions name it 2 courts 1986–2025 3 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.
| Case | Followed | Cited |
|---|---|---|
Mincey v. Arizonagreen2 sentences2017These three exceptions provide that the 7 UJ:?.reasonabl~ness of a warrantless search can be overcome by "'the exigencies of the situation' [which may] make the needs of law enforcement so compelling that the warrantless search is objectively reasonable." Mincey v. Arizona, 437 U.S. 385, 393-394 (1978). 2017These three exceptions provide that the 7 UJ:?.reasonabl~ness of a warrantless search can be overcome by "'the exigencies of the situation' [which may] make the needs of law enforcement so compelling that the warrantless search is objectively reasonable." Mincey v. Arizona, 437 U.S. 385, 393-394 (1978). | 2 | 3 |
Guzman v. Commonwealthgreen2 sentences2025Pace, 529 S.W.3d at 754 (citing Buie, 494 U.S. at 333-35 , 110 S. Ct. 1093 ; Guzman v. Commonwealth, 375 S.W.3d 805, 808 (Ky. 2012)). 2014See Guzman v. Commonwealth, 375 S.W.3d 805, 807 (Ky. 2012) (noting this Court’s prior recognition of the protective sweep exception to the warrant requirement in Commonwealth v. Elliott, 714 S.W.2d 494, 496 (Ky.App.1986)). | 2 | 2 |
Pace v. Commonwealthgreen2 sentences2025Pace, 529 S.W.3d at 754 (citing Buie, 494 U.S. at 333-35 , 110 S. Ct. 1093 ; Guzman v. Commonwealth, 375 S.W.3d 805, 808 (Ky. 2012)). 2025The plain view exception and the protective sweep exception are “well-established exceptions to the warrant requirement.” Pace v. Commonwealth, 529 S.W.3d 747, 753 (Ky. 2017) (citing Coolidge v. New Hampshire, 403 U.S. 443 , 91 S. Ct. 2022 , 29 L. | 1 | 1 |
Commonwealth v. Elliottgreen1 sentence2014See Guzman v. Commonwealth, 375 S.W.3d 805, 807 (Ky. 2012) (noting this Court’s prior recognition of the protective sweep exception to the warrant requirement in Commonwealth v. Elliott, 714 S.W.2d 494, 496 (Ky.App.1986)). | 1 | 1 |
United States v. James C. Hatcher, United States of America v. Haralabos Manetasgreen2 sentences1986See U.S. v. Hatcher, 680 F.2d 438, 444 (6th Cir.1982); U.S. v. Killebrew, 560 F.2d 729 (6th Cir.1977). 1986See U.S. v. Hatcher, 680 F.2d 438, 444 (6th Cir.1982); U.S. v. Killebrew, 560 F.2d 729 (6th Cir.1977). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Maryland v. Buie
green
2 sentences2022To ensure the safety of law enforcement personnel present, including those who had secured Burse and were removing him from the home and leading him away from the home, the officers engaged in a “protective sweep.” The protective sweep doctrine was first articulated by the United States Supreme Court in Maryland v. Buie, 494 U.S. 325, 327 , 110 S. Ct. 1093, 1094 , 108 L. 2022To ensure the safety of law enforcement personnel present, including those who had secured Burse and were removing him from the home and leading him away from the home, the officers engaged in a “protective sweep.” The protective sweep doctrine was first articulated by the United States Supreme Court in Maryland v. Buie, 494 U.S. 325, 327 , 110 S. Ct. 1093, 1094 , 108 L. | 7 | 2015–2025 |
Thomas L. Feathers Kathleen Feathers v. William Aey J.P. Donohue, City of Akron
green
2 sentences2021“However, determinative information must relate to the purpose for which -8- the protective sweep exception was created.” Id. 2015“However, determinative information must relate to the purpose for which the protective sweep exception was created.” Id. | 3 | 2015–2021 |
Brigham City v. Stuart
green
2 sentences2017I Exigencies Due to both the trial court and Court of Appeals' holdings, the three following well-established exceptions to the warrant requirement are at issue: (1) the protective sweep exception fashioned in Maryland v. Buie, 494 U.S. 325 (1990); (.2) the emergency aid exception articulated iri Brigham City v. Stuart, 547 U.S. 398 (2006); and (3) the plain view exception delineated in Coolidge v. New Hampshire; 403 u:s. 443 (1971). 2017I Exigencies Due to both the trial court and Court of Appeals' holdings, the three following well-established exceptions to the warrant requirement are at issue: (1) the protective sweep exception fashioned in Maryland v. Buie, 494 U.S. 325 (1990); (.2) the emergency aid exception articulated iri Brigham City v. Stuart, 547 U.S. 398 (2006); and (3) the plain view exception delineated in Coolidge v. New Hampshire; 403 u:s. 443 (1971). | 3 | 2017–2017 |
Coolidge v. New Hampshire
green
2 sentences2025The plain view exception and the protective sweep exception are “well-established exceptions to the warrant requirement.” Pace v. Commonwealth, 529 S.W.3d 747, 753 (Ky. 2017) (citing Coolidge v. New Hampshire, 403 U.S. 443 , 91 S. Ct. 2022 , 29 L. 2025The plain view exception and the protective sweep exception are “well-established exceptions to the warrant requirement.” Pace v. Commonwealth, 529 S.W.3d 747, 753 (Ky. 2017) (citing Coolidge v. New Hampshire, 403 U.S. 443 , 91 S. Ct. 2022 , 29 L. | 2 | 2017–2025 |
Brown v. Commonwealth
green
1 sentence2022“In other words, the suspected presence of persons, not merely of firearms, is the essential and overriding element behind the protective sweep exception; and that element is -16- lacking in this case.” Id. at 771 . | 1 | 2022–2022 |
Nix v. Williams
green
2 sentences2019Finally, we dispense with the Commonwealth's contention the seized evidence was admissible under the doctrine of inevitable discovery. *123 Under the inevitable discovery rule, it is permissible to admit "evidence unlawfully obtained upon proof by a preponderance of the evidence that the same evidence would have been inevitably discovered by lawful means." Hughes v. Commonwealth , 87 S.W.3d 850 , 853 (Ky. 2002) ( citing Nix v. Williams , 467 U.S. 431 , 104 S.Ct. 2501 , 81 L.Ed.2d 377 (1984) ). 2019Finally, we dispense with the Commonwealth's contention the seized evidence was admissible under the doctrine of inevitable discovery. *123 Under the inevitable discovery rule, it is permissible to admit "evidence unlawfully obtained upon proof by a preponderance of the evidence that the same evidence would have been inevitably discovered by lawful means." Hughes v. Commonwealth , 87 S.W.3d 850 , 853 (Ky. 2002) ( citing Nix v. Williams , 467 U.S. 431 , 104 S.Ct. 2501 , 81 L.Ed.2d 377 (1984) ). | 1 | 2019–2019 |
Hughes v. Commonwealth
green
1 sentence2019Finally, we dispense with the Commonwealth's contention the seized evidence was admissible under the doctrine of inevitable discovery. *123 Under the inevitable discovery rule, it is permissible to admit "evidence unlawfully obtained upon proof by a preponderance of the evidence that the same evidence would have been inevitably discovered by lawful means." Hughes v. Commonwealth , 87 S.W.3d 850 , 853 (Ky. 2002) ( citing Nix v. Williams , 467 U.S. 431 , 104 S.Ct. 2501 , 81 L.Ed.2d 377 (1984) ). | 1 | 2019–2019 |
United States v. Lorenzo Cortez Colbert
green
1 sentence2013Archibald, 589 F.3d at 299 (citing Colbert, 76 F.3d at 777 ). | 1 | 2013–2013 |
United States v. Archibald
green
1 sentence2013Archibald, 589 F.3d at 299 (citing Colbert, 76 F.3d at 777 ). | 1 | 2013–2013 |
United States v. Gerald Killebrew
green
2 sentences1986See U.S. v. Hatcher, 680 F.2d 438, 444 (6th Cir.1982); U.S. v. Killebrew, 560 F.2d 729 (6th Cir.1977). 1986See U.S. v. Hatcher, 680 F.2d 438, 444 (6th Cir.1982); U.S. v. Killebrew, 560 F.2d 729 (6th Cir.1977). | 1 | 1986–1986 |
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.