Opinion

Lambert v. State

  • 34 Ark. App. 227
  • 808 S.W.2d 788
  • 1991 Ark. App. LEXIS 288
Court
Court of Appeals of Arkansas
Filed
May 15, 1991
Status
Published
Author
Danielson
On the bench
Danielson, Jennings, Mayfield
Cited by
11 cases
Authority
More cited than 12.2%

holding an anonymous caller’s tip that an individual driving a specific truck leaving one city at a specific time driving to another city with marijuana did not provide reasonable suspicion when the officer matched only the truck description on route and approximate time

How later courts described this case

  • holding an anonymous caller’s tip that an individual driving a specific truck leaving one city at a specific time driving to another city with marijuana did not provide reasonable suspicion when the officer matched only the truck description on route and approximate time

Written by the judges who cited it.

The opinion

Elizabeth W. Danielson, Judge, dissenting. I cannot agree with the majority opinion. To reverse this case will hinder the ability of our law enforcement agencies to effectively do the work which the public needs and expects.

In reversing, the majority opinion misapplies Alabama v. White, — U.S. —, 110 S.Ct. 2412 , 110 L.Ed.2d 301 (1990). This recent U. S. Supreme Court case upholds an investigatory stop based on reasonable suspicion derived from reliable information received from an anonymous caller just as we have in the case before us. It is a grave error to twist the law in Alabama v. White, supra, in the limiting direction that the majority has elected to do.

The state trooper in this case did all he could to effectively protect the people of this state as well as the individual rights of Mr. Lambert. For the court to say that the state trooper was wrong is to stretch the fourth amendment in a direction that it was never intended.

This case should be affirmed, Mr. Lambert sent to jail, and the state trooper commended for a job well done. To hold otherwise is wrong.

Mayfield, J., joins in the dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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