Whalen v. State

|8I agree with the majority’s decision to reverse this case because it was error for the circuit court to find that the checkpoint was constitutional. However, I respectfully concur because, in my view, the checkpoint was conducted according to a plan. The constitutionality of a checkpoint does not depend on a specific, written plan or program. Jacobs v. State, 2013 Ark. App. 177, at ¶ 7, 427 S.W.3d 83, 87. In Partee v. State, this court affirmed the denial of a motion to suppress. 2010 Ark. App. 805, 379 S.W.3d 82. The police did not have a written policy on checkpoints, did not account for…