State v. Tyson
2012 Ark. 107
| Ark. | 2012Background
- Officers monitoring trailer 23 in Lamplighter Trailer Park observed a male carry three trash bags from the trailer to a dumpster on Sept 4, 2010.
- Trash contents revealed evidence related to meth manufacture; officers found organic iodine, Heet, gloves, pseudoephedrine, lab-related items, and diapers suggesting children were present.
- Detective Harbor drafted a nighttime-execution search warrant based on the trash findings, stating there were three young children in trailer 23 and that the occupants may be cooking meth.
- A judge signed the warrant at 9:42 p.m. and officers executed it; Tyson was present, and methamphetamine manufacture was discovered in the trailer bathroom with three sleeping children inside.
- Tyson moved to suppress, arguing lack of probable cause and improper nighttime issuance under Rule 13.2(c); the circuit court found probable cause but suppressed the nighttime-criteria-based search.
- Arkansas Supreme Court reverses, holding that the case involves interpretation of Rule 13.2(c) with broad implications, and that the officers acted in good faith under Leon to salvage the search.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Interpretation of Rule 13.2(c)(iii) | State contends the rule's safety exception extends beyond officer safety to occupant safety. | Tyson argues the rule is limited to officer safety and does not cover occupants or children. | Rule 13.2(c)(iii) not limited to officer safety; however, facts here did not justify nighttime execution under the rule. |
| Probable cause for nighttime issuance | State asserts the affidavit supported nighttime execution due to imminent risk to occupants. | Tyson contends no proper factual basis for nighttime execution existed. | The affidavit did not provide sufficient basis for nighttime exit under Rule 13.2; warrant issuance improper on that basis. |
| Leon good-faith salvaging | State argues Leon good-faith exception salvages the otherwise defective warrant. | Tyson disputes use of Leon in a State appeal and asserts suppression should follow from Rule 13.2 deficiencies. | Leon good-faith exception applies; suppression reversed and remanded. |
Key Cases Cited
- Langford v. State, 332 Ark. 54 (1998) (nighttime factors may justify a nighttime search when supported by facts)
- Owens v. State, 325 Ark. 110 (1996) (officer-safety considerations can support nighttime searches)
- Tate v. State, 357 Ark. 369 (2004) (surveillance risk to officers can justify nighttime search)
- Hall v. State, 302 Ark. 341 (1990) (good-faith considerations in applying rule-based searches)
- Harris v. State, 264 Ark. 391 (1978) (concept of danger to privacy requires good cause for night entry)
- United States v. Leon, 468 U.S. 897 (1984) (good-faith exception to exclusionary rule)