Taff v. State

562 S.W.3d 877
CourtCourt of Appeals of Arkansas
DecidedOctober 17, 2018
DocketNo. CR-18-353
StatusPublished
Cited by2 cases

This text of 562 S.W.3d 877 (Taff 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
Taff v. State, 562 S.W.3d 877 (Ark. Ct. App. 2018).

Opinion

On April 10, 2017, Taff was charged with one count of simultaneous possession and one count of possession of controlled substance schedules I, II with intent to deliver. He filed a motion to suppress physical evidence on August 25, 2017, arguing that law enforcement officers had illegally detained him. A hearing was held on Taff's motion on October 24, 2017, during which Officer Davis testified that he had known Lee-who called in the report to dispatch-for fifteen years and that Lee was reliable and not easily alarmed. Officer Davis testified that he pulled over to make contact with Taff to "investigate suspicious behavior" and "to see what was going on" in order to "protect the community." Officer Davis acknowledged that he did not see Taff commit any traffic violations or criminal acts before initiating his blue lights.

With respect to the stop, Officer Davis explained that when he pulled in behind Taff, Taff "didn't act like he wanted to be talked to or anything to that matter." Officer Davis acknowledged that the mere possession of a gun is not a crime, but he also testified that he was concerned that after *880"[s]eeing the outline of the pistol," he felt that Taff "could possibly pull his weapon and do harm to Deputy Bartell or him."

On cross-examination, Officer Davis specifically denied that he was investigating a crime when he initiated his blue lights:

COUNSEL : When you activated your blue lights on 270 to stop Mr. Taff, were you investigating a crime?
CHAD DAVIS : No, sir, it was a suspicious person, the way he was acting.

Officer Davis confirmed that the information he received about Taff's behavior in the store did not involve the commission of any crime; any threats made by Taff; any theft of property by Taff; any brandishing of a weapon by Taff; any mention that Taff had any unlawful intent with the pistol; or any mention that Taff was getting physical with anyone. Further, he acknowledged that he later heard on the second call from dispatch that Taff had left the vicinity of the store and was walking along Highway 270 away from the store and toward the county line. Officer Davis acknowledged that Taff had walked approximately two miles by the time he first encountered Taff about twelve minutes after the initial dispatch message.

After Officer Davis testified, Taff argued that he was seized for purposes of the Fourth Amendment when Officer Davis initiated his blue lights. Taff asserted that Officer Davis lacked reasonable suspicion under Arkansas Rule of Criminal Procedure 3.1 (2017) that Taff was committing or had committed a crime to justify the seizure. Taff acknowledged that Officer Davis "could have conducted a consensual encounter and asked [Taff] to speak to them," but he argued that instead, Officer Davis "seized him absent reasonable suspicion."

In response, the State reiterated that Officer Davis initiated contact with Taff to determine the lawfulness of his behavior after hearing from a reliable source that Taff had acted suspiciously at the Joplin Store, had gone in and out of the store several times, and had been carrying a gun. The circuit court found that once Officer Davis activated his blue lights, "it would not have been unreasonable for [Taff] to feel that he was not free to leave." The circuit court further found that under such circumstances, Officer Davis would have needed reasonable suspicion under Rule 3.1 to detain Taff but that based on the totality of the circumstances, "it was certainly not unreasonable for the officer to detain [Taff] for the purpose of verifying his identification and to determine the lawfulness of his conduct." The circuit court denied Taff's motion to suppress.

On January 23, 2018, Taff entered a conditional plea to both charges pursuant to Rule 24.3(b)(i), which was approved by the circuit court. Taff was sentenced to fifteen years on each count to be served concurrently pursuant to a sentencing order filed on January 23, 2018. Taff filed a timely notice of appeal on the same date, and this appeal followed.

II. Standard of Review and Applicable Case Law

In reviewing a circuit court's denial of a motion to suppress evidence, this court conducts a de novo review based on the totality of the circumstances, reviewing findings of historical facts for clear error and determining whether those facts give rise to reasonable suspicion or probable cause. See Meeks v. State , 2016 Ark. App. 9, at 3, 479 S.W.3d 559, 561. This court will reverse only if the circuit court's ruling was clearly against the preponderance of the evidence. Id.

Both the federal and Arkansas constitutions prohibit unreasonable searches or seizures not supported by probable cause *881or reasonable suspicion. See U.S. Const. amend. 4 ; Ark. Const. art. 2, § 15. Arkansas appellate courts have held that a person is "seized" for purposes of the Fourth Amendment when law enforcement effectuate a stop by using their blue lights. See Hammons v. State , 327 Ark. 520, 940 S.W.2d 424 (1997) ; State v. McFadden , 327 Ark. 16, 938 S.W.2d 797 (1997) ; Meeks , 2016 Ark. App. 9, at 4, 479 S.W.3d at 561 ; Stevens v. State , 91 Ark. App. 114, 208 S.W.3d 843 (2005).

Rule 3.1 authorizes a police officer to stop and detain any person whom he reasonably suspects is committing, has committed, or is about to commit a felony or a misdemeanor involving danger of forcible injury to people or property. Meeks , 2016 Ark. App. 9, at 5, 479 S.W.3d at 562. Further, a police officer is justified in making a traffic stop if the officer has probable cause to believe that the vehicle has violated a traffic law. See Whren v. United States ,

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Related

Harry B. Laird, Jr. v. State of Arkansas
2021 Ark. App. 27 (Court of Appeals of Arkansas, 2021)
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2020 Ark. App. 162 (Court of Appeals of Arkansas, 2020)

Cite This Page — Counsel Stack

Bluebook (online)
562 S.W.3d 877, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taff-v-state-arkctapp-2018.