Herrington v. State

I disagree with the majority decision because, using the authority of United States v. Leon, 468 U.S. _, 104 S.Ct. 3405 (1984), the majority has overruled the Arkansas Supreme Court’s decision in Collins v. State, 280 Ark. 453, 658 S.W.2d 877 (1983). This Court, in our Collins v. State, 9 Ark. App. 23, 658 S.W.2d 881 (1983), held that time could be inferred in a search warrant where no time was specified. The Arkansas Supreme Court, by a unanimous vote, reversed our decision and held that the absence of time in a warrant was one defect which could not be cured.

I am of the opinion that the…