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AR: Revocation after hiding place of contraband found was too late

By John Wesley Hall, Jr.

By the time defendant sought to revoke his consent, the officer had probable cause to believe that his car had contraband secreted in it, and revocation came too late. Rockward v. State, 2010 Ark. App. 110, 2010 Ark. App. LEXIS 98 (February 3, 2010). Officers entered defendant’s home on a federal arrest warrant which was valid under Payton, and a state search warrant. The smell of marijuana inside supported a wider search. While there was reason to question the validity of the state search warrant, it is obvious the police could have gotten a federal search warrant, too, and inevitable discovery supported the search. United States v. Jackson, 2010 U.S. App. LEXIS 2287 (5th Cir. February 3, 2010)*: In this case, the officers did not seek a search warrant based on the evidence which could have been seized pursuant to the arrest warrant because they already had a state search warrant...continue to full post

Full post as published by Fourth Amendment on February 06, 2010 (boomark / email).