Pubdate: Fri, 01 Mar 2002
Source: Arkansas Democrat-Gazette (AR)
Copyright: 2002 Arkansas Democrat-Gazette, Inc
Contact:  http://www.ardemgaz.com/
Details: http://www.mapinc.org/media/25
Author: Michael R. Wickline

HIGH COURT RULES DRUG SEARCH UNLAWFUL

A nighttime intrusion by four police officers onto the property of a 
Craighead County optician violated the constitutional protection against 
unreasonable searches and seizures, the state Supreme Court ruled Thursday.

The court sent back to Craighead County Circuit Judge David Goodson the 
case of David Griffin with instructions to suppress the evidence obtained 
in the search.

Griffin was sentenced to 25 years in prison after entering a conditional 
guilty plea for possession of methamphetamine with intent to deliver and 
simultaneous possession of drugs and a firearm. He received a 10-year 
suspended sentence for possession of drug paraphernalia.

Officer Bobbie Johnson testified that on Aug. 25, 1999, he received an 
anonymous tip that Griffin was selling drugs from his office or home. 
Griffin's residence was in the basement of a two-story home owned by his 
parents and near his office on U.S. 49 near Jonesboro.

Johnson said the circumstances of the tip did not constitute probable cause 
upon which a search warrant could be issued.

About 10 p.m., he and three other officers parked their police cars 15 to 
20 yards from the house.

Johnson testified that the officers looked in a parked car because it had 
an open door. He said they had walked around the premises before talking 
with Griffin.

Johnson also said he believed that the officers knocked first on Griffin's 
door and then walked around the premises because nobody answered the door, 
and then returned to knock again and Griffin answered the door.

He also testified that officers talked to Griffin before searching.

It was undisputed that no consent to a search was signed, no advice was 
given that Griffin could refuse to consent to a search, and his Miranda 
rights weren't read to him before the search began.

It was disputed whether Griffin imposed limits upon his consent to a search 
or whether he later revoked his consent and demanded that the officers 
obtain a warrant.

The officers found a sealed container containing methamphetamine in a 
locked cabinet in Griffin's bedroom and discovered drug paraphernalia and a 
firearm.

The court opinion, signed by Justice Ray Thornton, said the predominance of 
the evidence shows that four officers approached the sliding-glass door of 
Griffin's basement residence through the woods from the vicinity of a shed 
and carried flashlights so they could see in the darkness. The predominance 
of the evidence also shows that an unlawful search had begun before Griffin 
was summoned to the door, the court said.

The court said it knows of no authority for "a knock and search" doctrine 
allowing a warrantless search to begin after officers knock on a door that 
no one comes to.

Chief Justice W.H. "Dub" Arnold and Justice Tom Glaze agreed with Thornton. 
Justices Robert L. Brown, Donald Corbin and Jim Hannah concurred. Justice 
Annabelle Clinton Imber did not participate.
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