Whalen v. State

Cite as

2015 Ark. App. 706

ARKANSAS COURT OF APPEALS DIVISION III No. CR-14-980 JEREMY EDWARD WHALEN Opinion Delivered: December 9, 2015 APPELLANT APPEAL FROM THE SEBASTIAN V. COUNTY CIRCUIT COURT, FORT SMITH DISTRICT STATE OF ARKANSAS [NO. MC-13-202] APPELLEE HONORABLE STEPHEN TABOR, JUDGE REVERSED AND DISMISSED WAYMOND M. BROWN, Judge Appellant appeals from the circuit court’s judgment finding him guilty of driving while intoxicated—first offense. On appeal, appellant argues that 1) the Fourth Amendment to the United States Constitution, along with Article II, Section 15 of the Arkansas…