Christopher Coy Gamble v. State of Arkansas

Summary

The Arkansas Supreme Court affirmed Christopher Coy Gamble’s convictions for capital murder and aggravated residential burglary. The court held that his custodial statement was not subject to suppression based on a pretextual arrest, overruled State v. Sullivan, and concluded that the arrest was permissible because officers had probable cause to believe Gamble possessed drug paraphernalia. The court also held that the circuit court did not abuse its discretion by refusing to strike the venire after a prospective juror stated that Gamble was guilty.

Holdings

1. State v. Sullivan, 348 Ark. 647, 74 S.W.3d 215 (2002), is overruled. An arrest supported by probable cause for a lesser offense is not unreasonable merely because police are subjectively motivated to investigate a more serious offense; the officer's subjective intent is irrelevant when probable cause exists.
2. The circuit court properly denied Gamble's motion to suppress because his arrest was supported by probable cause that he possessed drug paraphernalia in Officer Smith's presence, notwithstanding the officers' interest in investigating the murder.
3. The circuit court did not abuse its discretion by refusing to strike the entire venire because the offending venire member was excused for cause and the court gave a comprehensive admonition directing the remaining venire to disregard her opinion and decide the case based only on the evidence and law.

Questions Presented

1. Whether Gamble's custodial statement was obtained as the product of an unlawful pretextual arrest and therefore should have been suppressed.
2. Whether the Supreme Court of Arkansas should overrule State v. Sullivan, 348 Ark. 647, 74 S.W.3d 215 (2002), which treated pretextual arrests as unreasonable under the Arkansas Constitution.
3. Whether the circuit court abused its discretion by refusing to strike the entire venire after a venire member stated that Gamble was guilty.

Disposition

affirmed