Warick v. Commonwealth

The Supreme Court vacated the decision of the court of appeals concluding that the searches and seizures leading to Defendant's conviction were illegal under the Fourth Amendment to the United States Constitution and section 10 of the Kentucky Constitution, holding that the circuit court's suppression order was insufficient for appellate review.

Defendant entered a conditional Alford plea to one count of possession of a controlled substance, third degree, and a conditional Alford plea to one count of possession of marijuana. On appeal, Defendant challenged the denial of his motions to suppress evidence obtained as a result of a traffic stop. The court of appeals upheld the denial of his motions to suppress. The Supreme Court remanded the case for entry of sufficient findings of fact, holding (1) the court of appeals erred in analyzing Defendant's claim that the searches and seizures were illegal under the state and federal constitutions; but (2) the circuit court's order of suppression was factually insufficient for appellate review of Defendant's claim that his detention was unlawful and that the evidence must be excluded as fruit of the poisonous tree.