Kimery v. State

Judith Rogers, Judge.

Bricks of marijuana weighing some six-odd pounds were discovered in appellant Roger Kimery’s vehicle. Appellant filed a pretrial motion to suppress this evidence, in which he argued that the stop of his vehicle for a traffic violation was a pretext for conducting a search for drugs. The trial court rejected that argument finding that a search of the vehicle was permitted on grounds of reasonable or probable cause under Ark. R. Crim. P. 14.1. Alternatively, the trial court also upheld the seizure under the plain-view doctrine.

Pursuant to Rule 24.3(b) of the Arkansas Rules…