Defendant did not properly preserve his state constitutional claim that warrantless parole searches should be more protective of a suspect’s rights than the Fourth Amendment. On the Fourth Amendment claim, the search complied with Samson and Knights. The conditions of parole can be material to the reasonableness inquiry. “We adopt the reasonableness test for such searches under the Fourth Amendment as announced by the United States Supreme Court in Samson v. California, …, and we overrule our decision in Bratcher v. Commonwealth, 424 S.W.3d 411 (Ky. 2014), to the extent it holds the conditions of parole imposed by Kentucky law are immaterial to the Fourth Amendment analysis.” Gasaway v. Commonwealth, 2023 Ky. LEXIS 157 (June 15, 2023).
Looking at the video, it’s apparent defendant consented to taking a buccal swab. He had been drinking that night, but there’s no indication he didn’t know what he was doing or that it was involuntary. State v. Pinkerton, 2023 R.I. Super. LEXIS 42 (June 14, 2023).*
Defendant consented to a search of his cell phone. No mention was made of getting a search warrant and it was clearly voluntary. Payne v. Commonwealth, 2023 Ky. LEXIS 153 (June 15, 2023).*
Doing the math on speed and distance, as defendant wants the court to do, shows that there was reasonable suspicion for defendant’s traffic stop. United States v. Fagan, 2023 U.S. App. LEXIS 14908 (1st Cir. June 15, 2023).*
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