Rule 410A - Arrest or search warrant authorizing entry without notice(a) Except as provided in subdivision (b) of this rule, the following evidence is not admissible in any civil or criminal proceeding:(1) Evidence gathered by use of an arrest warrant or search warrant authorizing entry without notice that did not comply with applicable statutes; or(2) Evidence gathered by use of an arrest warrant or search warrant authorizing entry without notice that was obtained through perjury or material false statement.(b) Evidence excluded in subdivision (a) of this rule is admissible if otherwise admissible under these rules, and: (1) In a civil case, offered by the plaintiff in an action for damages arising from the warrant; or(2) In a criminal proceeding for perjury or material false statement in the application for the warrant, offered against the defendant.Effective:6/29/2021
Created 2021 Ky. Acts ch. 202, sec. 5, effective 6/29/2021, Supreme Court of Kentucky Order 2007-02.Formerly codified as Rule 403A.
This rule was created as a new section of Kentucky Rules of Evidence (KRE) 401 to 412 in 2021 RS SB 4 (2021 Ky. Acts ch. 202, sec. 5) and numbered 403A in codification. On August 25, 2021, the Kentucky Supreme Court entered Order 2021-31, adopting KRE 410A, a new Rule of Evidence identical to Rule 403A