Whalen v. State

| 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 Constitution, requires reversal of his conviction based on the illegally conducted sobriety checkpoint; and 2) the circuit court erred in its failure to recognize the lack of probable cause to support any further roadside detention of appellant. We reverse.

On September 20, 2012, appellant encountered a sobriety checkpoint being…