Jones v. State
448 S.W.3d 214
Ark. Ct. App.2014Background
- Appellant Jones appeals after the circuit court denied his suppression motions and he entered a conditional no contest plea to theft by receiving and possession of a firearm by certain persons, with habitual-offender sentencing to 10 years.
- On Jan 7, 2013, officers conducted a knock-and-talk at Jones's home in response to copper theft reports, driving around the home on an open circle drive with no fence or gate.
- The officers observed a burned copper area in the backyard and piles of five- to six-foot ground wires nearby.
- At a nearby shop building, two individuals fled but were not Jones, and Prevatt, Jones's girlfriend, advised he was not at the home.
- Detective Parsons then saw copper in a burned area and copper piles that matched stolen copper and concluded probable cause existed to believe the copper was evidence of theft.
- A search warrant was issued on Feb 15, 2013 based on this evidence, leading to seizures including copper, utility tools, and a .22 revolver; suppression motions were filed Aug 8 and Oct 10, 2013 and denied; the case proceeded to sentencing upon a conditional plea.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether curtilage intrusion without a warrant violated Fourth Amendment protections | Jones | State | No error; circle drive within curtilage with no reasonable privacy expectation. |
| Whether plain-view seizure was lawful without a warrant | Jones | State | Lawful; objects in plain view with probable cause to believe evidence of crime. |
Key Cases Cited
- McDonald v. State, 354 Ark. 216, 119 S.W.3d 41 (2003) (curtilage privacy; plain-view and searches)
- Percefull v. State, 2011 Ark. App. 378, 383 S.W.3d 909 (2011) (curtilage expectations; Dunn framework)
- Fultz v. State, 333 Ark. 586, 972 S.W.2d 222 (1998) (warrant exceptions; plain-view doctrine)
- Horton v. California, 496 U.S. 128 (1990) (plain-view applicability; warrant exceptions)
- United States v. Dunn, 480 U.S. 294 (1987) (context for curtilage privacy and open areas)
- Washington v. State, 42 Ark. App. 188, 856 S.W.2d 631 (1993) (plain-view and lawful access)
- King v. State, 2014 Ark. App. 81, 432 S.W.3d 127 (2014) (recurring curtilage/privacy standards)