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RUSTIN v. COMMONWEALTH OF KENTUCKY

No. 2009-CA-002250-MR.

ANTHONY RUSTIN APPELLANT, v. COMMONWEALTH OF KENTUCKY APPELLEE.

Supreme Court of Kentucky.

December 29, 2010.

Attorney(s) appearing for the Case

William F. McGee, Jr. Abigail C. Barnes, Smithland, Kentucky, Brief for Appellant.

Jack Conway, Attorney General of Kentucky, John Paul Varo, Assistant Attorney General, Frankfort, Kentucky, Brief for Appellee.

BEFORE: COMBS AND DIXON, JUDGES; ISAAC, SENIOR JUDGE.

OPINION VACATING AND REMANDING

COMBS, JUDGE.

Anthony Rustin appeals from an order of the Caldwell Circuit Court denying his motion to suppress evidence seized during a search conducted pursuant to a warrant. After our review of the record and the pertinent law, we vacate the order and remand.

On the afternoon of September 29, 2006, Trooper William Braden of the Kentucky State Police (KSP) received a telephone call from an anonymous tipster. The caller...

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