Milam v. Commonwealth

Summary

The Kentucky Supreme Court held that a fraternity house is a private residence for purposes of Fourth Amendment protections. It concluded that police officers exceeded the permissible scope of a knock-and-talk investigation by entering the fraternity house without a warrant or consent, and that any alleged third-party consent was tainted by the unlawful entry. The court reversed the Court of Appeals, vacated the defendant’s guilty plea, and remanded for further proceedings.

Holdings

1. A fraternity house is a private residence for purposes of Fourth Amendment protections.
2. The detectives exceeded the scope of the knock-and-talk procedure by entering the fraternity house after no one responded to their knocking and ringing.
3. The alleged third-party consent did not validate the detectives' unlawful entry or the ensuing search.
4. Evidence discovered as a result of the detectives' unlawful entry had to be suppressed.

Questions Presented

1. Whether a fraternity house is a private residence for purposes of Fourth Amendment protection.
2. Whether police officers exceeded the permissible scope of a warrantless knock-and-talk investigation by entering the fraternity house after receiving no response.
3. Whether alleged third-party consent could validate or purge the detectives' unlawful entry.
4. Whether evidence discovered as a result of the unlawful entry had to be suppressed.

Disposition

reversed_and_remanded