Brunson v. State

I cannot disagree with the majority’s conclusion that the search of appellant’s person cannot be justified under Ark. R. Crim. P. 3.4, because the officer candidly stated in his testimony that he was not conducting a protective search for weapons. Nor do I disagree with the majority’s holding that the search cannot be upheld under Ark. R. Crim. P. 14.1(b), for the simple reason that the officer did not search the vehicle prior to the search of appellant’s person as is contemplated by that rule. However, I cannot agree with the majority’s decision that the odor of marijuana did not provide…