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JOHNSON v. COMMONWEALTH, 2012-CA-000884-MR (2014)

Court: Court of Appeals of Kentucky Number: inkyco20141219309 Visitors: 1
Filed: Dec. 19, 2014
Latest Update: Dec. 19, 2014
Summary: NOT TO BE PUBLISHED OPINION CAPERTON, Judge. Shawna Johnson appeals the order of the Powell Circuit Court denying her motion to dismiss, arguing that the Kentucky Office of the Attorney General ("OAG") and Operation UNITE did not have the authority to conduct investigations in Powell County. We affirm. After an investigation conducted by the OAG and Operation UNITE, a task force that assists law enforcement personnel with investigating drug-related crimes, Johnson was indicted by a Powell Co
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NOT TO BE PUBLISHED

OPINION

CAPERTON, Judge.

Shawna Johnson appeals the order of the Powell Circuit Court denying her motion to dismiss, arguing that the Kentucky Office of the Attorney General ("OAG") and Operation UNITE did not have the authority to conduct investigations in Powell County. We affirm.

After an investigation conducted by the OAG and Operation UNITE, a task force that assists law enforcement personnel with investigating drug-related crimes, Johnson was indicted by a Powell County grand jury and charged with multiple counts of trafficking in controlled substances. Johnson filed a motion to suppress the evidence obtained as a result of her arrest, arguing that the OAG and Operation UNITE did not have proper constitutional and statutory authority to conduct the investigation. The case of Commonwealth v. Johnson, 423 S.W.3d 718 (Ky. 2014), directly addresses this issue. In that decision, which had a substantially similar factual scenario, the Kentucky Supreme Court stated that "the OAG's jurisdiction referenced in KRS 218A.240(1) refers to the territorial boundaries of the Commonwealth of Kentucky. Therefore, KRS 218A.240(1) specifically vests the OAG with the authority to enforce and investigate drug crimes under that chapter throughout the Commonwealth." Id. at 726. The law is clear; the OAG had the authority to conduct its investigation of Johnson, and the evidence obtained as a result of her arrest was properly admitted.

Accordingly, the decision of the Powell County Circuit Court is affirmed.

ALL CONCUR.

FootNotes


1. Judge Joy A. Kramer, formerly Judge Joy A. Moore.
Source:  Leagle

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