Davis v. State

I concur in the reversal of this case, but I do not agree with the basis of the majority’s decision. Unlike the majority, I believe that reasonable suspicion existed to detain Davis; but I would reverse and remand with instructions to the trial court to grant Davis’s suppression motion because the search of his outer clothing (commonly referred to as a “frisk”) violated Rule 3.4.

In Stewart v. State, 332 Ark. 138, 964 S.W.2d 793 (1998), the court reversed a trial court’s denial of a motion to suppress when Stewart was detained by officers because she was standing on a street corner in a known…