MacKintrush v. State

2016 Ark. 14 (2016) · Supreme Court of Arkansas · January 21, 2016 · No. CR-15-387

Summary

The Arkansas Supreme Court held that law enforcement lacked reasonable suspicion to prolong Cainis Redmond MacKintrush’s detention after a traffic stop to conduct a canine sniff of his vehicle. The court reversed the denial of his motion to suppress, reversed his convictions and sentence, and remanded; it did not reach his challenge to the jury instruction.

Court
Supreme Court of Arkansas
Writing for the Court
Paul E. Danielson
Jurisdiction
Arkansas
Decision date
January 21, 2016
Docket number
CR-15-387
Procedural posture
Appeal from denial of motion to suppress evidence and convictions for drug offenses
Standard of review
De novo review based on the totality of the circumstances, reviewing findings of historical facts for clear error
Precedential value
published
Parties
Cainis Redmond MacKintrush v. State of Arkansas
Disposition
reversed_and_remanded

Topics

search and seizureprobable causecriminal procedurefourth amendmentsuppression of evidence

Practice areas

criminal lawconstitutional law

Questions Presented

  1. Whether reasonable suspicion existed to justify detaining the defendant beyond the time necessary for the initial traffic stop to allow a canine sniff
  2. Whether the jury instruction constituted an improper comment on the evidence

Holdings

  1. The facts and circumstances did not give rise to more than a bare suspicion, and reasonable suspicion was lacking to justify the prolonged detention.

Key quotations

it is impossible for a combination of wholly innocent factors to combine into a suspicious conglomeration unless there are concrete reasons for such an interpretation

Factual background

Appellant picked up a package at the post office that emitted a strong scent of dryer sheets. The package was addressed to a different name and address. After picking up the package and signing for it under the addressee's name, appellant was pulled over for a traffic violation. After routine traffic stop tasks were completed, police detained him for 34 minutes waiting for a drug dog to arrive. The dog alerted and drugs were found in the vehicle.

Procedural history

Appellant appealed from Pulaski County Circuit Court sentencing order reflecting convictions for drug offenses. He argued the circuit court erred in denying his motion to suppress evidence obtained after a prolonged traffic stop without reasonable suspicion.

Court Document

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