Whalen v. State

11 This cáse is on petition for review from the Arkansas Court of Appeals. Appellant Jeremy Edward Whalen was convicted of driving while intoxicated—first offense after a bench trial in the Sebastian County Circuit Court. On appeal to the court of appeals, Whalen argued that (1) the Fourth Amendment to the United States Constitution, along with article II, section 15 of the Arkansas Constitution, required reversal of his conviction based on the illegally conducted sobriety checkpoint; and (2) the circuit court erred by failing to recognize the lack of probable cause to support any further…