Preview:

RENDERED:  DECEMBER 2, 2011; 10:00 A.M.
TO BE PUBLISHED

Commonwealth of Kentucky
Court of Appeals

NO. 2010-CA-001846-MR
OLIVIA DIKE APPELLANT
APPEAL FROM GRAVES CIRCUIT COURT
v. HONORABLE TIMOTHY C. STARK, JUDGE ACTION NO. 10-CR-00023
COMMONWEALTH OF KENTUCKY APPELLEE
OPINION REVERSING AND REMANDING ** ** ** ** ** BEFORE: MOORE, STUMBO, AND WINE, JUDGES. MOORE, JUDGE:  Olivia Dike appeals the judgment of the Graves Circuit Court following her conditional guilty plea to the charges of First Degree Possession of Methamphetamine, first offense; and Possession of Drug Paraphernalia, first offense.  After a careful review of the record, we vacate the judgment against Dike because the circuit court erred in failing to suppress her statement and the evidence found as a result of her statement.  
I. FACTUAL AND PROCEDURAL BACKGROUND
Officer Brent Farmer of the Mayfield Police Department testified during the suppression hearing1 in this case.  According to his testimony, he responded to a residence to assist Probation and Parole workers in carrying out an arrest warrant.  Officer Farmer and the Probation and Parole workers heard someone inside the residence, so the Probation and Parole workers contacted the owner of the residence by telephone, who informed them that Dike was inside the residence.  The owner gave them permission to enter because Dike was not coming to the door.
Once inside the bedroom of the house, Officer Farmer and the Probation and Parole workers found Dike inside the bedroom closet underneath some clothes.  Dike was incoherent, wearing only a t-shirt, and it appeared that she had fresh needle

Download 2010-ca-001721-mr.pdf

Kentucky Law