Legal Opinion · Dissent

Menne v. State

Court of Appeals of Arkansas

Decided December 8, 2010No. CA CR 10-577Published

1DissentRrobert J. Gladwin, Judge

While I fully agree with the majority that Trooper Roark was delaying the completion of the traffic stop in order for the drug dog to arrive, I am convinced that our standard of review requires us to affirm; therefore, I respectfully dissent.

In reviewing a circuit court’s denial of a motion to suppress evidence, we conduct a de novo review based on the totality of the circumstances, reviewing the findings of historical facts for clear error and determining whether those facts give rise to reasonable suspicion or probable cause, giving due weight to inferences drawn by the circuit court and…

2Cases cited7 opinions

  1. Laime v. StateSupreme Court of Arkansas · 2001
  2. Yarbrough v. StateSupreme Court of Arkansas · 2007
  3. State v. BellSupreme Court of Arkansas · 1997
  4. Mann v. StateSupreme Court of Arkansas · 2004
  5. Cain v. StateCourt of Appeals of Arkansas · 2010

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