Weatherford v. State

216 S.W.3d 150, 93 Ark. App. 30
CourtCourt of Appeals of Arkansas
DecidedOctober 26, 2005
DocketCACR 05-364
StatusPublished
Cited by4 cases

This text of 216 S.W.3d 150 (Weatherford 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
Weatherford v. State, 216 S.W.3d 150, 93 Ark. App. 30 (Ark. Ct. App. 2005).

Opinion

Karen R. Baker, Judge.

Appellant Charles Weatherford udgeby . Fort Smith Police Department on December 30, 2003, and charged with possession of methamphetamine with intent to deliver, possession of drug paraphernalia, and simultaneous possession of drugs and a firearm. Appellant filed a motion to suppress the evidence seized, arguing that information provided by an informant was overly vague and insufficiently detailed, and also that the informant did not meet the legal requirements for reliability. The trial court denied the motion and the appellant entered a conditional plea of nolo contendere. Appellant was found guilty and sentenced to ten years in the Arkansas Department of Correction with an additional suspended term of ten years. We find no error by the trial court and affirm.

An appellate court conducts a de novo review of a denial of a motion to suppress evidence based on a 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, giving due weight to inferences drawn by the trial court. Davis v. State, 351 Ark. 406, 413, 94 S.W.3d 892, 896 (2003).

The trial court judge held a hearing following the appellant’s motion to suppress in which the State presented two witnesses — Detective Barnett of the Fort Smith Police Department’s Vice-Narcotics unit and Investigator Reese of the Twelfth-Twenty-First Judicial District Drug Force.

Detective Barnett testified that Investigator Reese contacted him prior to the appellant’s arrest and advised him that there was reliable information from a confidential informant that the appellant was at Justin Burns’s body shop in possession of methamphetamine, ephedrine, and a gun. Barnett drove to the location in an unmarked vehicle to assist Reese and began surveillance. Barnett testified that he was given a description of the vehicle and trailer the appellant would be driving, which he subsequently observed leaving the location under surveillance. Barnett was in contact with Reese by cell phone during the surveillance and notified him that the appellant was leaving the body shop. Based on his contact with Reese and observation of the vehicle and trailer as described by the informant, Barnett contacted a marked police vehicle to conduct a traffic stop of appellant’s vehicle.

Barnett frisked the appellant and found a glass pipe of the type commonly used to smoke methamphetamine and placed him under arrest. Additional pipes, a small quantity of methamphetamine, and a large sum of cash were found on the appellant following his arrest. During this search Barnett asked the appellant if there was a gun in the vehicle, and the appellant said that there was a gun located in his briefcase. In the course of his inventory of the vehicle, Barnett found the gun, five bags of methamphetamine, and digital scales in the briefcase. There was also a gym bag found in the vehicle that contained two large bags of powder with a strong odor that Barnett surmised was Acetone — a solvent often used to break down pills containing pseudoephedrine or ephedrine for the manufacture of methamphetamine.

Investigator Reese testified that in the course of his narcotics duties in Sebastian and Crawford counties he was contacted by a police officer who had contact with an informant who had voluntarily brought information to his attention. Although Reese knew the informant by name, the informant had not provided Reese with information previously. The police officer brought the informant to Reese’s office, and Reese conducted an interview with him that Reese described as “extensive” and that lasted over an hour. Reese testified that his personal knowledge previously acquired through narcotics investigations and intelligence corroborated the information that the informant provided during the interview. Specifically, Reese testified that Justin Burns’s body shop was a location known for criminal activity and Justin Burns had confessed to producing methamphetamine. Reese additionally testified that he was also able to independently verify the informant’s description of the vehicle and the appellant’s methods of operation.

On December 30, 2004, Reese began surveillance of the location where the informant told him that the appellant would be located, and observed the trailer but not the vehicle. At that time Reese contacted the informant, who stated that he had been at the location and that the appellant’s vehicle was inside, and also that the appellant was preparing to leave. The informant verified that there was a gun and methamphetamine in the appellant’s vehicle.

At some point after this conversation with the informant Reese had to leave the scene temporarily to meet with the informant and Detective Barnett, and the Fort Smith Police Department took over the surveillance. Reese notified the Fort Smith police that the vehicle was inside and that the appellant was preparing to leave. Shortly thereafter Reese was told that the vehicle was backing out of the location and hooking up to the trailer. Reese, who met with the informant for approximately ten minutes, told the Fort Smith police that he was at too great a distance away to make the traffic stop and instructed them to do so. Reese testified that he was confident of the reliability of the informant, because the information provided had all been previously proven to be truthful and corroborated by his personal knowledge and narcotics intelligence. Therefore, he had no reservations in ordering the traffic stop of the appellant.

At the conclusion of testimony by Detective Barnett and Investigator Reese the trial judge determined that the informant and information he provided was reliable based on the totality of the circumstances. The trial judge particularly noted that the informant provided the information voluntarily, and that there was subsequent contact between the police and the informant during which the informant stated that he had again seen the items to be found in the appellant’s vehicle through personal observation. The appellant’s motion to suppress was denied. Appellant contends that the trial court’s determination that the informant was reliable was unsupported by’ testimony or Arkansas law and, therefore was in error.

The appellant mistakenly relies on Kaiser v. State, 296 Ark. 125, 752 S.W.2d 271 (1988), to support his argument. In Kaiser, the Arkansas Supreme Court addressed the question of whether the State presented evidence sufficient to support reasonable suspicion to stop a vehicle that was suspected of carrying marijuana, a gun, and a large amount of cash. The stop was based on a tip from the Missouri State Police who told the Randolph County Sheriffs Office that the information was provided by a reliable informant. Id. The supreme court stated that while the Arkansas authorities “did not act improperly in stopping Kaiser’s car on the basis of the information from the Missouri State Police” there had to have been reasonable suspicion by the Missouri State Police based on the reliability of the informant. Id. at 127-128, 752 S.W.2d at 273. The Kaiser court found that while the informant may have indeed been reliable, there was no testimony to support that conclusion. Id. at 129, 752 S.W.2d at 274.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Tommy F. Hamilton v. State of Arkansas
2020 Ark. App. 482 (Court of Appeals of Arkansas, 2020)
King v. State
2015 Ark. App. 84 (Court of Appeals of Arkansas, 2015)
Eastin v. State
244 S.W.3d 718 (Court of Appeals of Arkansas, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
216 S.W.3d 150, 93 Ark. App. 30, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weatherford-v-state-arkctapp-2005.