Kentucky’s state constitution’s search provision is based on Pennsylvania’s. Pennsylvania has rejected Hodari D. under state law. Kentucky declines to do so, too. Hunter v. Commonwealth, 2019 Ky. LEXIS 434 (Oct. 31, 2019).
Post-conviction petitioner’s cell phone search issue had already been decided in the direct appeal, so it couldn’t be litigated again. Patel v. State, 2019 Tenn. Crim. App. LEXIS 699 (Oct. 31, 2019).*
Arguable probable cause existed for arresting plaintiff and taking him down when, during a tense domestic dispute, he touched the officer from behind and startled him. Moreover, no case was cited anywhere near or like this case to overcome qualified immunity. Bailey v. Twomey, 2019 U.S. App. LEXIS 32609 (10th Cir. Oct. 31, 2019).*