357 S.W.3d 518
Ky. Ct. App.2011Background
- 911 caller reported a white female in a dark blue Buick LaSabre on Queensway Drive, asking about tar heroin and noting suspicious behavior.
- Deputy McGuire located a matching blue LeSabre with Washington plates and stopped it after the driver signaled then pulled to the roadside.
- Leatherman was observed with glassy eyes, unbuttoned pants, and nervousness; vehicle contained open containers (beer and wine).
- Field sobriety testing (HGN) produced six clues suggesting impairment; later breath/blood tests showed no alcohol or drugs.
- Officers conducted searches of Leatherman and her car; no drugs found during initial searches; a female officer later searched more thoroughly.
- During hospital processing, a baggie containing crack cocaine was found in the backseat near Leatherman’s watch; Leatherman denied possession.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop and arrest were lawful | Leatherman argues the stop lacked probable cause. | Commonwealth contends stop and arrest were supported by reasonable suspicion and probable cause. | Stop and arrest were supported; no constitutional violation |
| Admissibility of Leatherman's watch-related statement (KRE 106) | Statement about the watch should be admitted to show its impact on officers and impeachment. | Trial court did not abuse discretion in excluding the statement as incomplete/Hearsay concerns. | No reversible error; ruling was within discretion and harmless |
| Directed verdict on the DUI charge | There was insufficient proof of impairment or prescription-related impairment | Evidence showed impairment indicators and prescription warnings; jury could find guilt | Directed verdict denied; evidence sufficient to go to jury |
Key Cases Cited
- Taylor v. Commonwealth, 987 S.W.2d 302 (Ky. 1998) (investigatory stop requires reasonable suspicion; totality of circumstances)
- Johnson v. Commonwealth, 179 S.W.3d 882 (Ky. App. 2005) (reasonable suspicion standard; scope of detention; Terry framework)
- Florida v. Royer, 460 U.S. 491 (U.S. Supreme Court, 1983) (investigative detentions must be temporary and least intrusive)
- Delaware v. Prouse, 440 U.S. 648 (U.S. Supreme Court, 1979) (stops require reasonable suspicion; limits on seizures)
- Maryland v. Pringle, 540 U.S. 366 (U.S. Supreme Court, 2003) (probable cause standard for warrantless arrests)
- Williams v. Commonwealth, 147 S.W.3d 1 (Ky. 2004) (probable cause is a flexible, practical probability standard)
- Commonwealth v. Benham, 816 S.W.2d 186 (Ky. 1991) (directed-verdict standard)
- Schrimsher v. Commonwealth, 190 S.W.3d 318 (Ky. 2006) (KRE 106 completeness rule; discretionary trial rulings)
- Wilburn v. Commonwealth, 312 S.W.3d 321 (Ky. 2010) (directed-verdict framework and sufficiency review)