Pubdate: Fri, 11 Aug 2000
Source: Benton County Daily Record (AR)
Copyright: 2000 Benton County Daily Record
Contact:  104 S.W. A St., Bentonville, AR 72712
Fax: (501) 273-7777
Website: http://www.recordtimes.com/
Author: Tracy M. Neal

ATTORNEY QUESTIONS LEGALITY OF DRUG SEARCH

BENTONVILLE -- Detective David Jones was grocery shopping with his
family when he noticed items used to manufacture methamphetamine in
another man's shopping cart at the Bentonville Wal-Mart Supercenter.

Jones, who is with the Rogers Police Department, watched James P.
Keenom of Decatur pay for the items; then followed Keenom to his
vehicle and noted the tag number on the automobile. Later, the
detective saw Keenom talking with another man in the store. This man
also had in his shopping cart supplies that can be used to manufacture
methamphetamine.

Jones then called another police officer and they decided to do what
officers described as a "knock and talk" at Keenom's residence in
Decatur. The two officers, along with a deputy from the Benton County
Sheriff's Office and a Decatur police officer, went to Keenom's home.

Keenom would eventually be arrested on several drug charges. Did
officers have enough reason to go to his residence?

That was the question Thursday before Benton County Circuit Judge Tom
Keith at a suppression hearing in the case.

Jones testified that he believed Keenom would be cooking
methamphetamine after he saw him at the store. Jones said officers
decided to make contact with Keenom to question him about the items he
had purchased. They first went to Keenom's mother's home and
discovered Keenom lived in a trailer on the property, Jones said.

When officers went to the trailer, Keenom did not respond to any of
their questions and refused to give consent to search his home, Jones
said. The detective said Keenom began to implicate himself and
admitted that methamphetamine was in the trailer. He was then placed
under arrest and gave his consent, but the officers decided to get a
search warrant, Jones said.

Keenom testified that he asked the officers to leave and they refused.
He also said he did not remember anyone reading his Miranda rights to
him.

Fayetteville attorney W.H. Taylor said the officers went to the Keenom
home at 11 p.m. in a rural area, and those actions were an invasion of
his privacy. Taylor also said the officers did not have enough cause
to go to his client's home.

Deputy Prosecutor Kerry Kotouc said the officers' actions were
appropriate and legal.

Keith said the whole issue surrounds whether the officers were
justified in doing what they did. The officer sees an individual with
substances used for cooking methamphetamine and it gets his attention;
then he sees him with another individual buying more items, the judge
said.

"If it was a fella in a paint suit, then I think that is a factor,"
Keith said.

"This is simply about whether an officer is justified to do a knock
and talk," the judge said.

Keith said he had not been faced with this issue before, but felt it
was an important issue because of the numerous drug arrests in the
area.

"The issue needs to be settled so officers know their limitations,"
Keith said.

The judge did not issue his ruling; instead he gave Kotouc until Aug.
31 to file a brief, and Taylor must file a response by Sept. 7.

Keith scheduled a pre-trial hearing for Sept. 25. 
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