Stewart v. State

Annabelle Clinton Imber, Justice.

At the conclusion of a bench trial, the appellant, Kathy Stewart, was convicted of possession of a controlled substance in violation of Ark. Code Ann. § 5-64-401 (Repl. 1997). On appeal, Stewart challenges the trial court’s denial of her motion to suppress the evidence that was seized from her coat pocket. We reverse and remand.

On December 4, 1995, at approximately 1:45 a.m., Officer Spangler was patrolling an area of Lithe Rock that was known to him to have “high drug traffic.” As Officer Spangler approached the intersection of 27th Street and Broadway, he…