Summary
The Supreme Court of Arkansas reviewed Anthony C. Malone's convictions for possession of cocaine and marijuana with intent to deliver. The court held that sufficient evidence supported constructive possession and that the officer had reasonable suspicion to extend the traffic stop for a canine sniff, affirming the circuit court's denial of the suppression motion and the convictions.
Topics
Practice areas
Questions Presented
- Whether substantial evidence supported Malone's convictions by establishing that he constructively possessed the drugs found in the trunk.
- Whether the officer had reasonable suspicion under Arkansas Rule of Criminal Procedure 3.1 to extend the traffic detention and conduct a canine sniff after the legitimate purpose of the stop had ended.
Holdings
- Substantial evidence supported the conclusion that Malone knowingly exercised control over the contraband. Although joint occupancy of a vehicle alone is insufficient, the driver's control over the vehicle and trunk, the strong marijuana odor, clothing that could have belonged to him, and his suspicious conduct supplied additional links to the drugs.
- The officer had reasonable suspicion under Arkansas Rule of Criminal Procedure 3.1 to extend Malone's detention beyond the initial traffic stop and conduct a canine sniff, even assuming the legitimate purpose of the stop had ended.
Key quotations
“To prove constructive possession, the State must establish that the defendant exercised "care, control, and management over the contraband."” (at 813)
“The officer must develop reasonable suspicion to detain before the legitimate purpose of the traffic stop has ended.” (at 814)
“After reviewing the totality of the circumstances, we conclude that Officer Wilson had specific, particular, and articulable reasons to extend the detention of Malone beyond the initial traffic stop.” (at 815)
Factual background
At approximately 2:30 a.m. on a cold, snowy morning, Malone was stopped while driving a car in Arkansas because of a broken taillight. The car was registered to a Texas resident who was not present, no occupant produced registration or proof of ownership, and the insurance identified passenger Anthony Richardson as the insured. During the stop, Malone gave evasive travel information and appeared nervous and physically shaken. After Richardson refused consent to search, a drug dog alerted at the trunk, where officers found nearly ten pounds of marijuana and two pounds of cocaine, along with clothing that could have belonged to Malone.
Procedural history
Malone was convicted in White County Circuit Court of possession of cocaine with intent to deliver and possession of marijuana with intent to deliver. The circuit court denied his motion to suppress and imposed concurrent sentences of forty years and four years, respectively, plus a fine on the cocaine conviction. The Arkansas Court of Appeals upheld the sufficiency of the evidence but reversed on suppression grounds. The Supreme Court of Arkansas granted review and affirmed the circuit court's order and convictions.