State v. Brown

Today, a 4-3 divided court issues an opinion that makes a radical change in Arkansas search and seizure law. The decision is clearly contrary to prior law and the change is totally unwarranted and unnecessary. Initially, I point out the obvious mistakes the four-member court has made in its refusal to follow the Fourth Amendment, as it protects all citizens against unlawful searches.

First, the majority’s members seem to treat the so-called “knock and talk” as a brand new procedure used by law enforcement officers. Such a procedure has been around for a long time, and merely allows officers to…