Blanchett v. State

Summary

The Supreme Court of Arkansas affirmed Gerard Blanchett's conviction after concluding that an arrest warrant issued based on sworn but unrecorded testimony and other materials satisfied Arkansas Rule of Criminal Procedure 7.1(b). The court held that the warrant complied with the Fourth Amendment and article 2, section 15 of the Arkansas Constitution and therefore did not reach the good-faith exception issue.

Holdings

1. The Fourth Amendment and article 2, section 15 of the Arkansas Constitution require probable cause supported by oath or affirmation but do not prescribe that the supporting basis be contained in a written affidavit or contemporaneously recorded testimony.
2. Arkansas Rule of Criminal Procedure 7.1(b)'s reference to 'other information' permits a judicial officer to issue an arrest warrant based on sworn testimony and other materials presented to the officer, even when the testimony is not contained in an affidavit or contemporaneous recording.

Questions Presented

1. Whether the Fourth Amendment and article 2, section 15 of the Arkansas Constitution require an arrest warrant to be supported by a contemporaneous written affidavit or recording of the testimony establishing probable cause.
2. Whether Arkansas Rule of Criminal Procedure 7.1(b) permits an arrest warrant to issue based on sworn testimony and other information that is not contained in an affidavit or contemporaneous recording.
3. Whether the good-faith exception to the exclusionary rule applied.

Disposition

affirmed