Thomas v. State

Josephine Linker Hart, Judge.

Phillip Thomas appeals his misdemeanor conviction for driving while intoxicated, first offense, contending that his detention by an officer acting outside his territorial jurisdiction is an illegal arrest and that evidence obtained as a result of such detention is subject to the exclusionary rule and should have been suppressed. We agree, and reverse and remand.

I. Background

On February 15, 1997, Trooper Barry Saffold of the Arkansas State Police was contacted on his radio by Chief McBride, the chief of police for the City of Gould, Arkansas. Chief McBride informed…