Coleman v. State

The majority opinion admirably recognizes that the boiler plate, computer generated reference to the residence to be searched was insufficient to permit a nighttime intrusion. The evidence cited in the majority opinion to support the Court’s reliance on the “danger of imminent removal” provision of Ark. R. Crim. P. 13.2(c)(ii) is inadequate.

The fact that the affidavit was presented at 9:02 p.m. suggests nothing about the imminent removal of the drugs. Nor does the fact that drugs were purchased by the informant earlier that evening.

The fact that the drugs were contained in a clear plastic bag…