FROM FAYETTE CIRCUIT COURT HONORABLE JOHN E. REYNOLDS, JUDGE
ACTION NO. 18-CR-00227
FOR APPELLANT: Andy Beshear Attorney General of Kentucky
Frankfort, Kentucky Courtney J. Hightower Assistant Attorney
General Frankfort, Kentucky
FOR APPELLEE: Steven Nathan Goens Assistant Public Advocate
BEFORE: GOODWINE, MAZE, AND SPALDING, JUDGES.
December 26, 2017, Officer Christopher Carrington
("Officer Carrington") of the Lexington Police
Department responded to a report of an unconscious individual
("Milner" or "appellee") in the front
seat of a vehicle located in the parking lot of a business in
Lexington, Kentucky. The authorities became aware of the
circumstances described herein after receiving a phone call
from a third-party caller ("Phillips"), who
observed an unconscious Milner after pulling into the parking
lot of a hardware store off Richmond Road.
arriving at Milner's location, Officer Carrington
approached Milner's vehicle and called out to Milner in
order to wake him. Officer Carrington noticed the presence of
a "glass pipe," as well as a "small baggie of
an unknown substance," in plain view inside Milner's
vehicle. Officer Carrington requested Milner step out of the
vehicle. Milner complied but continued to place his hands in
his pockets throughout the interaction, despite Officer
Carrington's requests that he refrain from doing so.
Therefore, Officer Carrington asked Milner whether he could
search his pockets. Milner consented.
subsequent search of Milner's pockets revealed the
presence of "three or four white pills," later
identified as Lyrica tablets. It was later determined that
Milner had been prescribed the Lyrica medication. However,
the search also revealed the presence of a Christmas ornament
with a white residue present on the inside of the ornament.
point, it became apparent to Officer Carrington that Milner
was under the influence of illicit substances. Milner was
placed in handcuffs and read his Miranda rights.
Milner relayed to Officer Carrington that he had used
methamphetamine earlier in the day. Milner was ultimately
charged with public intoxication, possession of a controlled
substance, and possession of drug paraphernalia.
August 22, 2018, Milner, through counsel, filed a
"Motion to Dismiss Pursuant to KRS 218A.133(2)."
Specifically, Milner sought to have counts one (possession of
a controlled substance, first degree) and two (possession of
drug paraphernalia) dismissed pursuant to statute. On August
27, 2018, the circuit court held a hearing on the motion. On
September 20, 2018, the circuit court granted Milner's
motion and entered its "Order Granting Motion for KRS
218A.133 Suppression" (the "Order"). This
218A.133(2), commonly referred to as the "Good Samaritan
Statute," provides as follows:
(2) A person shall not be charged with or prosecuted for a
criminal offense prohibiting the possession of a controlled
substance or the possession of drug paraphernalia if:
(a) In good faith, medical assistance with a drug overdose is
sought from a public safety answering point, emergency
medical services, a law enforcement officer, or a ...