Newton v. State

43 S.W.3d 170, 73 Ark. App. 285, 2001 Ark. App. LEXIS 315
CourtCourt of Appeals of Arkansas
DecidedApril 25, 2001
DocketCA CR 00-1057
StatusPublished
Cited by4 cases

This text of 43 S.W.3d 170 (Newton v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Newton v. State, 43 S.W.3d 170, 73 Ark. App. 285, 2001 Ark. App. LEXIS 315 (Ark. Ct. App. 2001).

Opinion

JOHN F. STROUD, Jr., Chief Judge.

Appellant, Roy Newton, J entered a conditional plea of guilty to the offense of possession of a controlled substance with intent to deliver. He was sentenced to twelve years in the Arkansas Department of Correction, followed by a six-year suspended imposition of sentence, and was assessed fines and court costs in the amount of two thousand dollars. Newton’s sole point on appeal is that the trial court erred in denying his motion to suppress. We affirm.

When reviewing the trial court’s denial of a motion to suppress, the appellate courts make an independent determination based on the totality of the circumstances and reverse only if the trial court’s ruling was clearly against the preponderance of the evidence. Embry v. State, 70 Ark. App. 122, 15 S.W.3d 367 (2000).

At the hearing on the motion to suppress, Russellville Police Officer Chris Goodman testified that he was on patrol in a high-crime area the night of July 2, 1999, when he stopped the car Newton was driving at approximately 10:13 p.m. because Newton had crossed the center fine several times. Goodman stated that Newton was visibly shaking and would not make eye contact when Goodman asked for his driver’s license. When asked for the insurance and registration papers for the car, Newton advised Goodman that his girlfriend, Elizabeth Brennan, had rented the vehicle at the Tulsa Airport, and they had misplaced the paperwork. Brennan was a passenger in the vehicle and confirmed that she was the person who had rented the vehicle.

When asked to step out of the vehicle, Newton said, “I’m not drinking. I haven’t been drinking and I’m sorry for driving bad. It’s just that it’s a new car and I’m just trying to get adjusted to driving it.” While Newton was outside the vehicle, Goodman asked him what he was doing in the area, to which Newton responded that he was visiting family. He also stated that he had known Brennan for only two months. When Brennan was questioned separately, she said they were in Arkansas visiting friends and that she had known Newton for five or six months.

At this time, Goodman called for a backup officer, and Rus-sellville Police Officer William Ridenhour responded. Although he believed that something was “wrong,” Goodman decided to only write Newton a warning citation. As he explained to Newton what he was doing, appellant was walking around unsteadily and talking very fast. After issuing the warning citation, Goodman advised Newton that he was free to leave. However, Goodman requested and received permission from Brennan, as the person who had rented the vehicle, to search the automobile.

Goodman began a manual search of the vehicle, but Ridenhour, the canine handler for the Russellville Police Department, had arrived and suggested that the officers conduct the search with his dog, Anuck, to perform the search more quickly. As Ridenhour began the search with Anuck, Goodman explained to Newton what the dog was doing during the search.

While Ridenhour and Anuck were conducting the consensual search of the vehicle, Newton was standing on the driver’s side of Goodman’s patrol car, holding Brennan tightly in front of his body with his arms around her. When Anuck scratched on the passenger side door of the vehicle, which is a sign for the presence of drugs, Goodman asked Newton if he saw what the dog was doing, to which Newton replied, “Yes.” At that time, Newton released Brennan and placed his hands in his pants pockets. When he placed his hands in his pockets, he raised bis shirt, and at that time Goodman observed a bulge on the left side of Newton’s groin. Newton then turned away from Goodman and started walking to the back of the police cruiser; Goodman then stopped him and asked him to place his hands on the car so that he could pat him down for weapons.

During the patdown, Goodman felt a very hard object in Newton’s pants where he had observed the bulge, at which time Newton attempted to jerk away. Goodman handcuffed Newton, and called for Ridenhour, who removed the object from Newton’s pants. Ridenhour estimated the packet to be approximately eighteen inches long, and it consisted of a set of scales that Ridenhour testified were six to seven inches long and enclosed in a hard carrying case, a baggie of methamphetamine in rock form, and a baggie of methamphetamine in powder form. All of these items were contained in one large plastic bag.

Goodman testified that he did not feel that he needed to pat Newton down for weapons until Anuck alerted on the vehicle for drugs, and Newton raised his shirt, revealing the bulge, and began walking behind the police cruiser. The patdowh for weapons was not triggered until “all of these things built up'-* ’- 'and Goodman saw the bulge at Newton’s groin. 7

Newton concedes that Goodman’s in ial stop for a traffic violation was appropriate; however, he contends that although he was told he was free to leave, he really was not free to leave because he could not drive the car away. Although Newton could not leave in the vehicle, that has no bearing on whether he was free from police custody. The reason he could not drive away in the vehicle was due to the fact that his girlfriend, who by his own admission was the person who had rented the car, had given her consent for the automobile to be searched. See Muhammad v. State, 337 Ark. 291, 988 S.W.2d 17 (1999) (holding that a stop can be extended by authorizing a search of the vehicle).

Appellant also argues that the stop exceeded the fifteen-minute limit, provided for in Rule 3.1 of the Arkansas Rules of Criminal Procedure, and therefore the articles seized during the search of his person must be suppressed. We disagree.

Rule 3.1 of the Arkansas Rules of Criminal Procedure provides:

A law enforcement officer lawfully present in any place may, in the performance of his duties, stop and detain any person who he reasonably suspects is committing, has committed, or is about to commit (1) a felony, or (2) a misdemeanor involving danger of forcible injury to persons or of appropriation of or damage to property, if such action is reasonably necessary either to obtain or verify the identification of the person or to determine the lawfulness of his conduct. An officer acting under this rule may require the person to remain in or near such place in the officer’s presence for a period of not more than fifteen (15) minutes or for such time as is reasonable under the circumstances. At the end of such period the person detained shall be released without further restraint, or arrested and charged with an offense.

In the present case, the testimony revealed that from the time of the stop to the time of Newton’s arrest was a period of between seventeen and twenty minutes. Although this period of time exceeds the stated fifteen minutes, it is of no moment because a person may be detained under Rule 3.1 “for a period of not more than fifteen (15) minutes or for such time as is reasonable under the circumstances.” (Emphasis added.) In the present case, the officers acted diligently and caused no undue delay in performing the consensual search; ft rthermore, appellant’s girlfriend extended the stop by consenting o-the search of the car. See United States v.

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Related

State v. Thompson
2010 Ark. 294 (Supreme Court of Arkansas, 2010)
Willoughby v. State
65 S.W.3d 453 (Court of Appeals of Arkansas, 2002)
Laime v. State
60 S.W.3d 464 (Supreme Court of Arkansas, 2001)

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Bluebook (online)
43 S.W.3d 170, 73 Ark. App. 285, 2001 Ark. App. LEXIS 315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newton-v-state-arkctapp-2001.