Menne v. State
2012 Ark. 37
| Ark. | 2012Background
- Menne was stopped at night for speeding in a 45-mph zone; stop occurred outside Walnut Ridge.
- Trooper Roark formed a belief that Menne was nervous and had drug-related information about a prior arrest in the vehicle.
- The officer sought consent to search after a canine deadline and after verifying documents, timing the stop around 14 minutes in.
- Roark found marijuana, methamphetamine, and a torn-label prescription bottle in the vehicle; Menne faced multiple drug charges.
- Menne moved to suppress; circuit court denied; court of appeals vacated; State sought Supreme Court review, which affirmed the denial of suppression.
- Dissenting justices argued the stop ended before consent, and that there was no reasonable suspicion to detain beyond the stop.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the stop end before consent was sought? | Menne argues stop ended earlier, so continued detention was unlawful. | State contends continued detention was proper due to reasonable suspicion. | Yes, Roark reasonably detained Menne; consent upheld. |
| Was there reasonable suspicion to detain after the stop? | None of the stop-related factors create reasonable suspicion. | Totality of circumstances (prior arrest, prior stop, nervousness, night time, third-party info) supports suspicion. | Roark had reasonable suspicion to detain under Rule 3.1. |
| Was the consent to search voluntary and non-coercive? | Menne says consent was not voluntary; officer harassed her. | Officer testified consent was voluntary; video/audio corroborates. | Consent was voluntary; search admissible. |
Key Cases Cited
- Yarbrough v. State, 370 Ark. 31 (2007) (reasonable-suspicion/detention timing center of stop analysis)
- Sims v. State, 356 Ark. 507 (2004) (stop continuation after routine checks; canine sniff authority)
- Laime v. State, 347 Ark. 142 (2001) (routine detention during traffic-stop tasks; more than nervousness required)
- Burks v. State, 362 Ark. 558 (2005) (reasonable suspicion to detain post-stop for canine sniff)
- Malone v. State, 364 Ark. 256 (2005) (articulable reasons to detain beyond initial stop)
- Welch v. State, 364 Ark. 324 (2005) (police need not advise of right to refuse consent in every case)
- Sims v. State ( Welch reference ), 543 U.S. 405 (2005) (legitimate purpose of stop; statute-based detention limits)