Kavanaugh v. Commonwealth
427 S.W.3d 178
Ky.2014Background
- At 3:40 a.m. in a high‑crime area, Officer Rice found a parked car with only taillights on; he returned, ran the plate, and then observed two occupants.
- Driver Faith Kimeli said they had just returned from a club; she produced ID. Passenger Pleas Lucian Kavanaugh declined to show ID, avoided eye contact, and began reaching into his coat and pockets.
- Officer Rice asked Kavanaugh to step out and attempted a frisk for weapons after seeing him dig in his pockets and produce a small black object; Kavanaugh refused and produced a digital recorder, claiming harassment.
- During the encounter Kavanaugh broke free, placed the recorder on the trunk, then grabbed Officer Rice in a "bear hug;" Rice arrested him for the assault and backup searched Kavanaugh, finding 0.5 grams of crack cocaine.
- Kavanaugh moved to suppress the evidence as the fruit of an unlawful Terry stop/frisk; the trial court denied the motion, he pleaded conditional guilty, Court of Appeals affirmed, and the Supreme Court of Kentucky granted review and affirmed.
Issues
| Issue | Kavanaugh's Argument | Commonwealth's Argument | Held |
|---|---|---|---|
| Whether the initial investigatory (Terry) stop/frisk was unlawful, requiring suppression | Stop/frisk lacked reasonable suspicion; evidence should be suppressed | Officer had articulable suspicion and his conduct justified stop/frisk; in any event later events justified arrest | Court expressed reservations about the stop/frisk but did not decide suppression on that basis because of intervening events; suppression denied |
| Whether Kavanaugh could be required to identify himself during a Terry stop | Kentucky has no "stop‑and‑identify" statute; refusal cannot alone justify arrest | Failure to ID may be considered with other factors in assessing reasonable suspicion | Kentucky is not a stop‑and‑identify jurisdiction; refusal to ID may be considered but cannot alone be criminalized |
| Whether evidence found after the physical altercation is tainted by any illegality of the initial detention | Evidence suppressed if seizure stemmed from unlawful stop | Kavanaugh’s assault was an independent intervening crime, giving probable cause for arrest and valid search incident to arrest | Kavanaugh’s assault created independent probable cause; search incident to valid arrest rendered evidence admissible |
| Whether self‑defense or unlawfulness of the stop excuses Kavanaugh’s use of force | Kavanaugh’s resistance was justified if arrest/stop was unlawful | Self‑defense or claim of illegality of stop is not a defense to resisting arrest unless officer used excessive force | No right to use self‑defense during arrest; unlawful stop does not justify assault absent excessive force by officer |
Key Cases Cited
- Berkemer v. McCarty, 468 U.S. 420 (U.S. 1984) (limitations on questioning during a Terry stop; detainee not obliged to respond)
- Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S. 177 (U.S. 2004) (state may require disclosure of name during valid Terry stop if statute permits)
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (authorizes brief investigatory stops and limited frisks for officer safety)
- Commonwealth v. Marr, 250 S.W.3d 624 (Ky. 2008) (standard of review for suppression rulings)
- Stopher v. Commonwealth, 57 S.W.3d 787 (Ky. 2001) (no right to use self‑defense during an arrest)
- Baze v. Commonwealth, 965 S.W.2d 817 (Ky. 1997) (unlawfulness of arrest generally irrelevant to resisting‑arrest defense)
- United States v. Beauchamp, 659 F.3d 560 (6th Cir. 2011) (a suspect’s independent criminal response to an illegal stop can purge the taint)
- United States v. Bailey, 691 F.2d 1009 (11th Cir. 1982) (flight or use of force during an invalid stop can provide independent grounds for arrest)
- United States v. Dawdy, 46 F.3d 1427 (8th Cir. 1995) (response to an invalid detention may constitute independent grounds for arrest)