Fouse v. State

Robert L. Brown, Justice.

This case comes to this court on a conditional plea of guilty pursuant to Ark. R. Crim. P. 24.3(b). Appellant Darrell Patrick Fouse contends that the trial court erred in finding that the affidavit for search warrant stated sufficient facts to justify a nighttime search and further erred in ruling that the good-faith exception under United States v. Leon, 468 U.S. 897 (1984), salvaged the search in this case. We agree that the trial court erred, and we reverse and remand the case for an order consistent with this opinion.

On November 29, 1997, the McRae Police…