LITTLE ROCK — The Arkansas Supreme Court said Thursday in a 4-2 ruling that a state trooper had reasonable suspicion to detain a Lawrence County woman and search her vehicle, overturning a Court of Appeals ruling that the detention and search were illegal.
On the night of Oct. 29, 2008, State Trooper Phillip Roark stopped Lesa Diane Menne for speeding. The trooper later testified in Lawrence County Circuit Court that Menne appeared nervous and that he had previously received information that she may be dealing drugs.
He also said he had previously arrested a passenger in her vehicle on drug charges and that he determined that she had an arrest record.
About 14 minutes into the stop, Roark asked for permission to search the car. The search turned up small amounts of methamphetamine and marijuana and a prescription bottle with the label removed.
During her trial, Menne and the trooper differed on whether she consented to the search. Circuit Judge Harold Irwin ruled that the evidence seized in the car could be used during her trial.
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Menne was convicted of possession of methamphetamine, marijuana and drug paraphernalia. She was sentenced to three years probation and fined $4,500.
She appealed the conviction to the state Court of Appeals, arguing that the traffic stop had been concluded and Roark no longer had cause to detain her when he searched her vehicle.
The appeals court, in a 4-2 decision in December, agreed with Menne and reversed the circuit judge’s ruling.
The state Supreme Court later reviewed the appeals court’s decision and ruled Thursday that it was incorrect and that the circuit judge’s ruling should be upheld.
“We conclude that Roark had reasonable suspicion to detain Menne pursuant to Rule 3.1 of our Arkansas Rules of Criminal Procedure,” Justice Robert L. Brown wrote for the majority. “The rule requires the officer to possess reasonable suspicion that the person is committing, has committed, or is about to commit a felony or a misdemeanor involving danger to persons or property.”
Brown said several factors combined to give a “reasonable suspicion” that Menne was engaged in criminal activity, including: a month earlier he had stopped the vehicle she was driving and arrested the passenger for DWI and possession of marijuana; he discovered during a criminal history check that Menne had previously been arrested; he had information from a local police department that she might be dealing drugs; she was nervous and it was near 11 p.m.
Brown also said Menne failed to cite any law or case law to defend her argument that the legitimate purpose of the traffic stop ended before Roark requested consent to search.
Chief Justice Jim Hanna wrote in a dissenting opinion that the search was illegal because the trooper withheld issuing the citation and returning Menne’s personal documents to extend the stop beyond the time necessary to complete it. Hannah also said no reasonable suspicion was discovered during the traffic stop to justify holding the driver after the purpose of the stop was completed.
Justice Karen Baker also wrote a dissenting opinion, saying that the trooper did not have “specific, particularized and articulate reasons” to detain Menne or to ask for her consent to search the vehicle.
Joining Brown in the majority opinion were Justices Jim Gunter, Donald Corbin and Paul E. Danielson.
Justice Courtney Hudson Goodson did not participate.