Franklin v. State
2010 Ark. App. 792
| Ark. Ct. App. | 2010Background
- Appellant Kirby Franklin, Jr. was convicted by a Drew County jury of possession of cocaine with intent to deliver and sentenced as a habitual offender to eighteen years in the Arkansas Department of Correction.
- Appellant challenged the circuit court’s denial of his motion to suppress physical evidence found during a pat-down of his person.
- Police conducted an investigatory stop under Arkansas Rule of Criminal Procedure 3.1 after a confidential informant linked appellant to selling crack cocaine and provided identifying details.
- During a vehicle stop, appellant consented to a vehicle search; a subsequent pat-down led to a plastic vial of crack cocaine appearing on the ground.
- Officers later testified that appellant consented to a pat-down for weapons; a screwdriver was observed in his hand, prompting safety concerns.
- The circuit court denied the suppression motion; the cocaine was admitted at trial; appellant was eventually convicted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the pat-down search justified as a frisk under Rule 3.4? | Franklin contends no reasonable suspicion existed. | State argues totality of circumstances supported suspicion for safety. | Frisk justified under totality of circumstances. |
| Was consent to search valid and within scope? | Consent was involuntary or coerced. | Consent was voluntary and within the scope of the officer’s request. | Consent freely and voluntarily given; search within scope. |
| Did probable cause exist to arrest and permit a search incident to arrest? | Probable cause insufficient prior to arrest. | Informant-based information supplied probable cause to arrest and search incident to arrest was valid. | Probable cause to arrest existed; search incident to arrest valid. |
Key Cases Cited
- Pettigrew v. State, 64 Ark. App. 339, 984 S.W.2d 72 (Ark. App. 1998) (frisk standard and reasonable suspicion test)
- Leopold v. State, 15 Ark. App. 292, 692 S.W.2d 780 (Ark. App. 1985) (objective test for frisk reasonableness; safety-based inquiry)
- Terry v. Ohio, 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (1968) (establishes reasonable suspicion standard for frisk)
- Medlock v. State, 79 Ark. App. 447, 89 S.W.3d 357 (Ark. App. 2002) (consent to search admissibility and voluntariness standard)
- Blockman v. State, 69 Ark. App. 192, 11 S.W.3d 562 (Ark. App. 2000) (probable cause to arrest and search incident to arrest)
- Kilpatrick v. State, 322 Ark. 728, 912 S.W.2d 917 (Ark. 1995) (narcotics cases and weapons considerations)