Pickering v. State
2012 Ark. 280
| Ark. | 2012Background
- Deputy Harris stopped Appellant for lane violations and detected odor of alcohol and signs of impairment; Appellant, age 19, arrested for underage DUI.
- Harris transported Appellant to Dardanelle Police Department in Yell County to administer a BAC test because Harris was not certified to operate the BAC Intoxilyzer and there were no other officers available in Pope County.
- Appellant consented to the breathalyzer after being read his rights; test result showed BAC of .065.
- Appellant moved to suppress the breathalyzer evidence, arguing the transport outside Pope County violated his Fourth Amendment rights and that evidence should be excluded.
- Circuit court denied the motion to suppress, and Appellant was convicted of underage DUI; Appellant appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the extraterritorial breath test conducted in a neighboring county violated the Fourth Amendment. | Gunter argues Harris acted outside jurisdiction, making the test unlawful. | State argues outside-County testing was lawful due to statutory authorizations and consent/exigency; no suppression required. | Affirmed denial of suppression; extraterritorial testing deemed reasonable and lawful. |
| Whether consent or implied-consent under Ark. Code Ann. § 5-65-309 allows the breath test after arrest. | Appellant contends consent cannot validate testing obtained outside jurisdiction. | State relies on implied-consent from underage DUI statute and appellant's signing of consent form. | Consent-based testing upheld as valid. |
| Whether the four statutory exceptions authorize extraterritorial action by a local officer to obtain a BAC test. | Davis-like argument that extraterritorial detention for evidence is unlawful outside enumerated exceptions. | State asserts the case falls within exigent circumstances and related allowances; Perry/Thomas distinctions analyzed. | Court finds Harris acted within lawful authority under applicable statutes and public policy. |
Key Cases Cited
- Davis v. State, 351 Ark. 406 (2003) (detention and Fourth Amendment protections; fingerprint example discussed for analogy)
- Perry v. State, 303 Ark. 100 (1990) (four situations allowing arrest outside jurisdiction; authority to act linked to arrest)
- Thomas v. State, 65 Ark.App. 134 (1999) (four instances where officers may arrest outside territorial jurisdiction)
- Hagan v. Commonwealth of Rhode Island, 819 A.2d 1256 (Rhode Island 2003) (distinction between arrest outside municipality vs extraterritorial transport of custody)
- Schmerber v. California, 384 U.S. 757 (1966) (blood test relevance to Fourth Amendment in DUI context)
- Skinner v. Ry. Labor Executives Ass’n, 489 U.S. 602 (1989) (breathalyzer testing implicates bodily integrity under Fourth Amendment)