Pubdate: Fri, 03 May 2013 Source: Arkansas Democrat-Gazette (Little Rock, AR) Copyright: 2013 Arkansas Democrat-Gazette, Inc. Contact: http://www2.arkansasonline.com/contact/voicesform/ Website: http://www2.arkansasonline.com/ Details: http://www.mapinc.org/media/25 Author: Sean Beherec Page: 2B DRUG DOG'S ALERT SETS OFF DEBATE IN SUPREME COURT Interstate 40 Search at Issue An Arkansas State Police drug dog showing interest in a vehicle but not expressly indicating the presence of drugs was not enough probable cause to search it for contraband, a Little Rock attorney told the Arkansas Supreme Court on Thursday. Robert Golden told the court that the Lonoke County Circuit Court erred in denying a motion to suppress evidence in a bench trial that led to Ronald Jackson's conviction of possession of a controlled substance. Jackson was sentenced to five years in prison. Jackson was a passenger in a pickup that was pulled over on Interstate 40 in Lonoke County by an Arkansas State Police trooper Oct. 26, 2010, for an improper lane change and following too closely. While speaking with the driver and Jackson, the trooper noticed a "big road atlas" in the truck, which he said was "kind of suspicious," and some food wrappers, according to court filings. Both men told the trooper that they and another passenger were returning from a trip to Dallas. The trooper returned to his vehicle to run the driver's licenses belonging to both men and began writing a warning for the driver. As the trooper waited for the results, he asked if he could search the vehicle, and Jackson refused. Golden said the traffic stop had concluded by the time the trooper asked to search the vehicle and that there were no "criminal indicators" that would have led the trooper to believe there were drugs inside. He said the men should have received a warning and been released instead of being detained for further investigation. The trooper deployed his drug dog, which showed some interest in the vehicle, but Golden argued that the food wrappers could have attracted the animal. The canine did not sit or lie down to indicate the presence of drugs, but did provide a "profound alert," he said. The dog's interest in the pickup and its contents raised a red flag, the trooper said. Golden said an expert testified for the defense at the trial that the dog should have been directed to indicate whether there were drugs in the vehicle. "That initial smell they could be smelling could be anything. You don't know that he's smelling narcotics until he indicates because that's when he thinks he's getting that ball. ... If he smells a food wrapper, if he smells another dog, if he smells something else, he's not going to indicate," Golden said. Assistant Attorney General Lauren Heil said the testimony of the trooper during the trial that the dog "profoundly alerted" carried "significant weight" in determining probable cause. Heil said an alert by a drug dog was sufficient probable cause and added that the trooper had "reasonable suspicion" that a crime was present. But Justice Donald Corbin questioned whether the criminal indicators cited by the trooper - the road atlas and food wrappers - were enough to believe that there was criminal behavior afoot. "With these indicators, there's not a soccer mom in this state that would avoid being arrested," Corbin said. The court also heard arguments over whether to suppress a statement Jackson made to police at the police station after his arrest. The trial court threw out a statement Jackson made admitting to the presence of marijuana as the trooper searched the vehicle, because the trooper began to interrogate him before acknowledging his Miranda rights. Golden said Jackson's later confession at the police station also was tainted and inadmissible, even though it came after he had been informed of his rights. A decision on the case will be released at a later date. In other business, the court issued an opinion reversing an Arkansas Court of Appeals decision denying nursing-care services to a former Little Rock Convention and Visitors Bureau employee who suffered a work-related brain injury in April 1991. The court found that the services requested by the family of David Pack were reasonable and met the "nursing services" requirements defined by the law. In a separate opinion, the court reversed and remanded a Washington County Circuit Court's order denying Gregory Christopher Decay's petition for post-conviction relief. Decay was convicted of two counts of capital murder and sentenced to death. The Supreme Court found the lower court had not specifically addressed all of the points in Decay's appeal and instructed the judge to issue a new final order addressing all of the defendant's objections. The court also announced four appointments to two Supreme Court committees: Judge Ann Hudson of Forrest City was appointed to a six-year term on the Arkansas Judges and Lawyers Assistance Program Committee. Hudson replaces Judge Barbara Halsey of Paragould. Judge John Robbins of Hot Springs, Rebecca Hattabaugh of Fort Smith and Diane Holitik of Little Rock were each appointed to a threeyear term on the Arkansas Continuing Legal Education Board. They replace Judge Patricia James of Little Rock, Chris Parks of Fort Smith and J. Cotten Cunningham of Little Rock. - --- MAP posted-by: Matt