{"id":6798,"date":"2013-02-27T07:58:54","date_gmt":"2012-03-09T09:13:47","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-03-09T09:13:47","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=6798","title":{"rendered":"AR: Bad nighttime search purpose saved by GFE"},"content":{"rendered":"

In a nighttime search case, the safety of children on the premises with a meth lab could be considered by the police and courts in issuing a nighttime search warrant. While all the prior case law deals with officer safety and a nighttime search, here it needed to mean that the children were generally at risk and the warrant happened to be sought at nighttime. That is not a valid reason for a nighttime search warrant. However, the officers were acting in good faith, and this nighttime search would not be suppressed. [Presumably the next one would? The dissenters seem to think not.] State v. Tyson<\/a>, 2012 Ark. 107, 388 S.W.3d 1 (2012) (4-3):<\/p>\n

Additionally, as evidenced by this split opinion, this court cannot unanimously agree in the exact interpretation of the language in Rule 13.2(c)(iii). Therefore, we cannot hold that an officer should have known that the threat of immediate harm to the children inside a trailer with an active methamphetamine lab was not the type of reasonable cause covered by Rule 13.2(c)(iii) to execute the search warrant in hand that had been considered and signed by a judge. Accordingly, we hold that the Leon good-faith exception applies under these circumstances and that the circuit court erred in suppressing the evidence from the nighttime search and seizure.<\/p><\/blockquote>\n

One curious part of this case is the fact that Arkansas has a rule-made good faith exception that it did not even discuss. So why have it?<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-6798","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6798","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=6798"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6798\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6798"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6798"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6798"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}