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AR: Merely citing state constitution without using the word "unreasonable" does not state a civil claim

By John Wesley Hall, Jr.

Merely claiming a state constitution violation and citing the section without stating that the search was “unreasonable” did not state a civil claim. The word "unreasonable" is required. Wade v. Ferguson, 2009 Ark. 618 (December 10, 2009)* (Arkansas once again exults form over substance to the point it actually brings disrepute on it as an institution.) Search of defendant’s shoes after a stop on reasonable suspicion was by consent. Anderson v. State, 2009 Ark. App. 804, 2009 Ark. App. LEXIS 981 (December 2, 2009).* There is no state law right to notice of a right to refuse consent during a knock-and-talk. Dow v. State, 2009 Alas. App. LEXIS 178 (November 25, 2009).* Flight from a stop without reasonable suspicion led to abandonment of a box with cocaine, but it happened in seconds, so the stop was not attenuated from the abandonment...continue to full post

Full post as published by Fourth Amendment on December 11, 2009 (boomark / email).