Supreme Court reverses drug conviction on canine search | Arkansas Blog

Thursday, January 21, 2016

Supreme Court reverses drug conviction on canine search

Posted By on Thu, Jan 21, 2016 at 9:38 AM

The Arkansas Supreme Court split 4-3 today in reversing the drug conviction and 12-year sentence of Cainis Mackintrush in Pulaski County because a drug dog sniff test was conducted without reasonable cause.

Justices Paul Danielson, Karen Baker, Courtney Goodson and Jo Hart formed the majority. The opinion written by Danielson recounts that Mackintrush was under suspicion because he'd used another name to sign to pick up a package at a postoffice and the package smelled of an odor masking agent, drier sheets. The Postal Service also found that names of sender and recipient didn't match address data on postal service software. North Little Rock officers followed Mackintrush and stopped him for failure to use a turn signal. He refused to allow a vehicle search. The officers called in a drug dog from Cammack Village that arrived 34 minutes after the suspect was first stopped. The dog alerted and marijuana was found in the package Macintrush had picked up, along with oxycodone pills.

Mackintrush argued that the evidence should have been suppressed because the traffic stop had extended beyond a reasonable time for the purpose of the stop, failure to use a turn signal. He argued there wasn't reasonable suspicion to conduct a search.

The Supreme Court majority agreed that the evidence should have been suppressed and reversed the conviction. It said the facts about the package didn't support reasonable suspicion. Use of a masking agent, for example, can be one of several factors that together give rise to reasonable suspicion, but not on its own. The majority said there are potentially innocent explanations for facts found suspicious by police. Somebody might  sign the name of a package recipient, rather than his own name, to pick up a package. Addresses might not match names because people change residences. "The facts and circumstances in the instant case simply do not give rise to more than a bare suspicion," the majority said. "....  Under the totality of the circumstances, specific, particularized, and articulable reasons indicating that MacKintrush was involved in criminal activity were lacking."

Chief Justice Howard Brill and Justice Robin Wynne joined a dissent written by Justice Rhonda Wood. They said there was reasonable suspicion Mackintrush was involved in drug-related criminal activity and his continued detention was proper.

The majority accurately describes our standard of review, pointing out that we are to consider the totality of the circumstances. In application, however, the majority isolates each suspicious fact and claims that each fact, standing alone, was innocuous. But these facts cannot be sealed off from one another and given the most charitable interpretation. Each fact must be viewed collectively and in context.

Tags: , , , , ,


Sign up for the Daily Update email
Favorite

Comments (3)

Showing 1-3 of 3

Add a comment

 
Subscribe to this thread:
Showing 1-3 of 3

Add a comment

More by Max Brantley

  • Suddenly, Rutledge is interested in state's terrible landlord-tenant law

    Crocodile tears from Attorney General Leslie Rutledge on the state's terrible landlord-tenant law. Given a chance to do something meaningful about it before, however, she didn't.
    • Jul 16, 2018
  • Reports filed on casino amendment

    Initial financial reports have been filed by groups pushing a casino expansion amendment and the major financial force so far is the Quapaw tribe of Oklahoma, which is in the casino business. Another Oklahoma tribe, a gambling machine organization and a Mississippi gambling enterprise also are listed.
    • Jul 16, 2018
  • Re Trump: The Arkies say......

    Trump getting trashed for cozying up to Putin, from Fox News to John McCain. Now Arkansans are being heard from. Example from Sen. John Boozman: "Russia is not our friend."
    • Jul 16, 2018
  • More »

Readers also liked…

  • Trump immigration protest at LR: Quick and fierce

    It was not even 24 hours ago that Sophia Said, director of the Interfaith Center; City Director Kathy Webb and others decided to organize a protest today of Donald Trump's executive order that has left people from Muslim countries languishing in airports or unable to come to the US at all — people with visas, green cards,a  post-doc graduate student en route to Harvard, Google employees abroad, families. I got the message today before noon; others didn't find out until it was going on. But however folks found out, they turned out in huge numbers, more than thousand men, women and children, on the grounds of the state Capitol to listen to speakers from all faiths and many countries.
    • Jan 29, 2017
  • Greenbrier's paddling of student protester goes worldwide

    The paddling of Greenbrier High School students who joined in te national school walkout Wednesday has produced headlines worldwide.
    • Mar 17, 2018
  • Your daily dose of Jason Rapert

    Sen. Jason Rapert really, really didn't like it when a KATV reporter asked him about the hypocrisy of his political arguments.
    • Feb 4, 2017

Most Viewed

Most Recent Comments

  • Re: Re Trump: The Arkies say......

    • Thanks, Cato! I think your quote bears repeating: "I have President Putin, he just said…

    • on July 16, 2018
  • Re: Re Trump: The Arkies say......

    • The state's congressional delegation has the collective backbone of a gnat. Seriously, when are they…

    • on July 16, 2018
  • Re: Re Trump: The Arkies say......

    • I think what guywhore is getting at is that Trump's long game has been imparted…

    • on July 16, 2018

Slideshows

 

© 2018 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation