State v. Allen

There are several problems with the majority’s opinion that lead me to dissent. First, it affirms a finding of the circuit court that |7essentially, without specifically stating so, found the relevant statute unconstitutional without that argument being properly raised by either party or being fully developed. Secondly, even were the constitutionality issue properly before the court, the relevant statute is not unconstitutional.

As noted in the majority, Arkansas Code Annotated section 27-101-105 provides:(a)(1)(A) It shall be the duty of every sheriff, deputy sheriff, state police officer,…