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Dennis W. Bounds Appellant v. Commonwealth of Kentucky Appellee

February 8, 2013

DENNIS W. BOUNDS APPELLANT
v.
COMMONWEALTH OF KENTUCKY APPELLEE



APPEAL FROM GRAYSON CIRCUIT COURT HONORABLE ROBERT A. MILLER, JUDGE ACTION NO. 09-CR-00064

The opinion of the court was delivered by: Acree, Chief Judge:

RENDERED: FEBRUARY 8, 2013; 10:00 A.M.

TO BE PUBLISHED

OPINION

AFFIRMING ** ** ** ** ** BEFORE: ACREE, CHIEF JUDGE; NICKELL AND STUMBO, JUDGES.

The Court is called upon to decide whether a police officer's affidavit established probable cause to issue a search warrant for the residence, person, and vehicle of Appellant, Dennis Bounds. Because the factual representation contained in the affidavit provided a substantial basis for the warrant-issuing judge to conclude that probable cause existed, we affirm.

I. Facts and Procedure

On May 28, 2009,Detective Terry Blanton of the Grayson County Sheriff's Office submitted an affidavit for a search warrant in the Grayson District Court. Detective Blanton believed Bounds was manufacturing methamphetamine. In his affidavit, Detective Blanton recounted the following information:

 Detective Blanton was a detective with the Grayson County Sheriff's Office and he had served in that capacity for approximately seven years.

 On May 27, 2009, Deputy Robert Jackson was called to the residence of

Tony Harshfield to listen to a message left on Harshfield's answering machine by Bounds. In the message, Bounds asked Harshfield to purchase "some pills" for Bounds. The telephone call was from a phone number associated with Bounds.  Bounds visited Harshfield's apartment while Deputy Jackson was there.

Deputy Jackson answered the apartment door and, following a brief conversation, Bounds left. Shortly thereafter, Deputy Jackson left. Bounds then returned to Harshfield's apartment and again asked Harshfield to buy pseudoephedrine for Bounds. Harshfield refused. Harshfield claimed that Bounds continued to make similar requests.  The next day, Detective Blanton interviewed Harshfield. Harshfield informed Detective Blanton that, one month prior, Harshfield purchased a box of pseudoephedrine for Bounds at Rite Aid. After running a "meth check", Detective Blanton confirmed the transaction had taken place but at Wal-Mart, not Rite Aid. Harshfield also advised Detective Blanton that, at the time he purchased the pseudoephedrine, Harshfield observed "Coleman fuel, yellow ammonia stuff, and ether in a can" located in Bounds's car. Bounds purchased those items at the same time Harshfield purchased the pseudoephedrine.  An anonymous informant informed Detective Blanton that Bounds also asked the informant to purchase pseudoephedrine for Bounds. The informant also advised that Bounds was in a relationship with Sandra Decker.

 Detective Blanton performed a "meth check" and confirmed that Bounds and Decker each purchased pseudoephedrine on both May 19, 2009, and May 27, 2009, in addition to the pills Bounds asked Harshfield to buy.

 Detective Blanton reported the Grayson County Sheriff's Office had received numerous tips that Bounds ...


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