WARRANTLESS SEARCH OVERTURNS CONVICTION

LITTLE ROCK - An illegal warrantless late-night search of a Craighead
County man's home resulted in his drug convictions being overturned
Thursday by the Arkansas Supreme Court.

The case also prompted three justices to write concurring opinions urging
greater restraint on police searches without warrants.

In a 6-0 opinion, with Justice Annabelle Clinton Imber not participating,
the court ruled that police violated David Griffin's rights under Article
2, Section 15 of the state constitution.

Griffin, an optician who lives near Jonesboro, pleaded guilty to possession
of methamphetamine with intent to deliver, simultaneous possession of drugs
and a firearm and possession of drug paraphernalia. He was sentenced to 25
years in prison.

Police searches can be made without a warrant if the person freely and
voluntarily consents, sometimes called a "knock and talk" search.

Michael Teague, spokesman for the attorney general's office, which handled
the appeal, said the office "probably will ask for a rehearing for
clarification to have a basis on how to advise officers on how to conduct
such searches."

Prosecuting Attorney Brent Davis of Jonesboro said he had not reviewed the
case and didn't know whether it would be retried.

In Griffin's case, police received an anonymous tip that he was selling
drugs from his residence. The information did not provide enough probable
cause to obtain a search warrant, the lead officer testified during trial.

So at 10:10 p.m. Aug. 25, 1999, four officers parked their vehicles 15 to
20 yards from Griffin's house, and carrying flashlights, approached the
house. The officers inspected a parked vehicle along the way when they
found the doors open.

They knocked on the door and asked to search the house. Police found a
sealed container of methamphetamine in a locked cabinet in Griffin's
bedroom. They also found drug paraphernalia and a gun.

It is disputed whether Griffin imposed limits on his consent, the opinion said.

Justice Ray Thornton said in his majority opinion that the search was
illegal because it began with the unlocked vehicle before police asked
Griffin for consent.