KY: Def’s car search lacked PC; not def’s burden to show state lacked exigency, it’s the state’s burden to show it

The search of defendant’s car was completely unjustified. The car was parked and he was sitting in it. The officer was curious and approached to talk to him. Nothing was seen suggesting crime was “a foot.” The state’s argument that defendant didn’t show that the officer lacked exigent circumstances below doesn’t mean anything because there was no probable cause at all. Commonwealth v. Garrett, 2019 Ky. App. LEXIS 172 (Sept. 27, 2019).