Crail v. State, CR

Decision Date06 April 1992
Docket NumberNo. CR,CR
Citation309 Ark. 120,827 S.W.2d 157
PartiesMichael Steven CRAIL, Appellant, v. STATE of Arkansas, Appellee. 91-287.
CourtArkansas Supreme Court

Steven D. Oliver, Hot Springs, for appellant.

Brad Newman, Asst. Atty. Gen., Little Rock, for appellee.

NEWBERN, Justice.

The appellant, Michael Steven Crail, was convicted of possession of marijuana, fleeing, resisting arrest, and possession of drug paraphernalia. He contends the paraphernalia charge should have been dismissed due to vagueness of the law. He also argues he was illegally detained and arrested without probable cause and that evidence thus obtained should have been suppressed and his conviction of fleeing should be dismissed. We hold the drug paraphernalia law is not unconstitutionally vague. We also hold that the initial detention and subsequent arrest of Crail were not unlawful. Thus we find no error in admitting the evidence obtained as a result of the detention and arrest, and we have no reason to dismiss the fleeing charge. He does not challenge the resisting arrest conviction.

Crail was a passenger in a vehicle which was stopped at a field sobriety checkpoint in Montgomery County. As officers approached the vehicle they noticed the odor of marijuana coming from a car window. Officer Black testified he observed Crail attempting to hide two hand-rolled cigarettes under his leg and ordered him from the car. As Crail got out of the car, he stuffed the contents of his hand in his mouth and swallowed.

Officer Black placed Crail under arrest and began taking him to a patrol car. Crail jerked loose and ran but was caught and subdued. Black then searched Crail for weapons and found a bag of marijuana. Crail was again searched at the Montgomery County Jail, and a small white pipe was retrieved from his right rear pocket. The pipe was sent to the State Crime Laboratory where it was found to have been used to smoke marijuana.

1. Paraphernalia

Crail moved to dismiss the paraphernalia possession charge, asserting an inconsistency between the law which characterizes possession of a small quantity of marijuana (first offense) as a misdemeanor, Ark.Code Ann. § 5-64-401(c) (Supp.1991), and possession of an otherwise legal pipe as a felony, Ark.Code Ann. § 5-64-403(c)(1) (1987). He contended generally that the inconsistency constituted a violation of his rights to equal protection of the laws and due process of law, and more specifically that it violated the prohibition against vagueness.

He pursues his void for vagueness argument here, citing Grayned v. City of Rockford, 408 U.S. 104, 92 S.Ct. 2294, 33 L.Ed.2d 222 (1972); Winters v. New York, 333 U.S. 507, 68 S.Ct. 665, 92 L.Ed. 840 (1948); Connally v. General Construction Co., 269 U.S. 385, 46 S.Ct. 126, 70 L.Ed. 322 (1926); and Garner v. White, 726 F.2d 1274 (8th Cir.1984). He contends the General Assembly's inconsistency in assessing the seriousness of these offenses has sent a mixed message to the public.

We have previously held the paraphernalia statute is not vague. In Moore v. State, 297 Ark. 296, 761 S.W.2d 894 (1988), the appellants argued that the term "paraphernalia" as used in Ark.Code Ann. § 5-64-101(v)(12) (Supp.1991) was vague. We explained that the detailed definitions found in the Statute give adequate notice of conduct constituting the offense.

The cases cited approach the vagueness problem by looking to the language of a challenged statute and considering whether a challenged part is subject to a variety of interpretations thus failing to give fair notice of prohibited conduct. Crail does not challenge any part of our Statute. He argues that, while he knew that possession of a small quantity of marijuana was prohibited, he also knew that the consequences for violation of that prohibition were not serious. He did not know, however, that possession of a pipe used to smoke marijuana had more serious consequences. This is the inconsistency which he asserts renders the statutory scheme vague.

Crail cites nothing in support of his conclusion that the Statutes interrelate so as to create confusion. There is no assertion that, standing alone, either Statute is vague. Each adequately describes that which is prohibited. Nor does Crail assert that Ark.Code Ann. § 5-64-403 (1987), which provides the penalties associated with violation of the prohibitions, fails to advise one of the consequences. There is no vagueness here. Crail's failure to understand the consequences of possessing the pipe is attributable to his ignorance of the law. That is no excuse, Michalek v. Lockhart, 292 Ark. 301, 730 S.W.2d 210 (1987); Woods v. Lockhart, 292 Ark. 37, 727 S.W.2d 849 (1987), and the challenge to the statutory scheme is without merit.

2. Stop and arrest

Crail argues the search was...

To continue reading

Request your trial
14 cases
  • Brunson v. State
    • United States
    • Arkansas Court of Appeals
    • June 26, 1996
    ...who saw the defendant attempt to conceal suspicious material after the officer had detected the odor of marijuana. Crail v. State, 309 Ark. 120, 827 S.W.2d 157 (1992). He did not perform the pat-down search of appellant based upon a reasonable concern that appellant was armed as was done in......
  • McDaniel v. State
    • United States
    • Arkansas Court of Appeals
    • January 27, 1999
    ...54 L.Ed.2d 289 (1977)), and to arrest some or all of its occupants, depending upon the particular circumstances, Crail [v. State ], 309 Ark. 120, 827 S.W.2d 157 [ (1992) ]. Brunson v. State, 327 Ark. at 571, 940 S.W.2d at 441-42. Brunson very clearly holds that the odor of marijuana, by its......
  • Sanders v. State of Arkansas
    • United States
    • Arkansas Court of Appeals
    • December 5, 2001
    ..."drug paraphernalia" is not unconstitutionally vague. Moore v. State, 297 Ark. 296, 761 S.W.2d 894 (1988); see also Crail v. State, 309 Ark. 120, 827 S.W.2d 157 (1992). The court has also ruled that there was sufficient evidence to support a conviction for this offense where the appellant w......
  • McDaniel v. State
    • United States
    • Arkansas Supreme Court
    • May 6, 1999
    ...Phillips v. State, 53 Ark.App. 36, 918 S.W.2d 721 (1996), Lopez v. State, 29 Ark.App. 145, 778 S.W.2d 641 (1989), and Crail v. State, 309 Ark. 120, 827 S.W.2d 157 (1992). In the instant case, there is no dispute whether the officers lawfully pulled McDaniel over for a traffic violation. See......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT