Foster v. State
2017 Ark. App. 630
| Ark. Ct. App. | 2017Background
- On Jan. 9, 2016, Officer Daniel Sanchez stopped Tony Foster for expired tags and discovered Foster lacked license, insurance, and registration; Foster was cited and then arrested for driving on a suspended license.
- Per Mena Police policy, arrested drivers’ vehicles are to be towed; Sanchez called for a wrecker and began an inventory search before tow arrival.
- During the inventory, Sanchez noticed a partially zipped nylon bag on the passenger seat, opened it, and found multiple small plastic bags containing methamphetamine.
- Foster was charged with possession of methamphetamine with intent to deliver and possession of drug paraphernalia.
- Foster moved to suppress, arguing the search exceeded the scope of the traffic stop and inventory procedures; the circuit court denied the motion.
- Foster entered a conditional guilty plea, was sentenced to 25 years, and appealed the denial of the suppression motion. The Court of Appeals affirmed.
Issues
| Issue | Foster's Argument | State's Argument | Held |
|---|---|---|---|
| Legality of search following traffic stop/arrest | Officer exceeded the stop’s purpose and used citations as a pretext to arrest and search without warrant | Arrest and tow followed department policy; an inventory search incident to impoundment was lawful | Inventory search was lawful; officer did not exceed scope when searching the half-zipped nylon bag |
| Compliance with towing/inventory policy (choice of wrecker / opportunity to arrange driver) | Officer violated policy by not allowing Foster to contact someone or choose wrecker and by towing a vehicle on private property | Policy requires towing when driver is arrested for suspended license; exception for cited-and-released drivers only; private-property towing exception did not apply here | Officer acted consistent with policy: exception inapplicable because Foster was arrested, so tow and inventory were proper |
| Omitted or unsigned inventory items (phones, officer signature) | Inventory was deficient because phones and bag weren’t listed and officer didn’t sign | Minor procedural omissions do not show bad faith or that valuables were lost | Omissions immaterial; no evidence of bad faith or missing valuables; sergeant and tow driver signed, so inventory valid |
Key Cases Cited
- Johnson v. State, 472 S.W.3d 486 (Ark. 2015) (standard of review for suppression—de novo on totality of circumstances; factual findings for clear error)
- Thompson v. State, 966 S.W.2d 901 (Ark. 1998) (permissible scope and purposes of vehicle-inventory searches; inventory cannot be a pretext for general rummaging)