Prickett v. State, CR–16–272
| Decision Date | 16 November 2016 |
| Docket Number | No. CR–16–272,CR–16–272 |
| Parties | Jimmy Lee PRICKETT, Appellant v. STATE of Arkansas, Appellee |
| Court | Arkansas Court of Appeals |
Timothy R. Leonard, for appellant.
Leslie Rutledge, Att'y Gen., by: Kathryn Henry, Ass't Att'y Gen., Little Rock, for appellee.
Jimmy Lee Prickett was convicted by a Drew County jury of possession of a controlled substance (methamphetamine), simultaneous possession of drugs and firearms, and possession of a firearm by certain persons with evidence obtained during a traffic stop. He was sentenced to a total of thirty years in the Arkansas Department of Correction. Prior to trial, Prickett filed a motion to suppress evidence found during the traffic stop, which was denied. On appeal, Prickett contends the trial court erred in denying this motion, arguing the evidence was unlawfully obtained because the officer lacked probable cause to make the stop. We affirm the denial of Prickett's motion to suppress.
In reviewing a circuit court's denial of a motion to suppress evidence, we conduct a de novo review based on the totality of the circumstances, reviewing findings of historical facts for clear error and determining whether those facts give rise to reasonable suspicion or probable cause, giving due weight to inferences drawn by the circuit court and proper deference to the circuit court's findings. Duke v. State , 2016 Ark. App. 402, 2016 WL 4916834. We reverse the circuit court's ruling only if it is clearly against the preponderance of the evidence. Id.
At the hearing on Prickett's motion to suppress, Monticello police officer James Slaughter testified he saw Prickett driving a vehicle on July 23, 2015, and pulled him over because he knew Prickett's driver's license was suspended. He testified that, two weeks prior to pulling Prickett over, he had learned by radio traffic that another officer had pulled Prickett over, at which time it was determined that Prickett's driver's license was suspended; Officer Slaughter further stated that on July 22, the day before he pulled Prickett over, he had seen Prickett driving, confirmed that Prickett's license was still suspended, but was unable to initiate a stop before Prickett pulled into a driveway and entered a house. He testified that, on the day he stopped Prickett, he informed Prickett he was under arrest for driving on a suspended license and then verified that Prickett's license was still suspended.
According to Officer Slaughter, Prickett gave him consent to search the vehicle, and when he opened the door, he saw the handle of a small pistol between the driver's seat and the console, as well as a piece of paper rolled into a straw with white residue in it he believed to be methamphetamine on top of the console. Inside the console, Officer Slaughter found a clear baggie tied into a knot containing a white crystal-like substance that appeared to be methamphetamine, as well as a flashlight with a white residue in the battery compartment.
On cross-examination, Officer Slaughter admitted the sole reason he pulled Prickett over was for driving on a suspended license, and he did not check the status of Prickett's license prior to stopping him for that reason....
To continue reading
Request your trial
-
Cagle v. State
...after reviewing the entire evidence, is left with the definite and firm conviction that a mistake has been made. Prickett v. State , 2016 Ark. App. 551, 506 S.W.3d 870. We defer to the circuit court's superior position in determining the credibility of the witnesses and resolving any confli......
-
Erby v. State
... ... officer must have probable cause to believe there has been a ... violation of a traffic law. Prickett v. State, 2016 ... Ark.App. 551, 506 S.W.3d 870. Probable cause is defined as ... "facts or circumstances within a police officer's ... knowledge ... ...
-
Williams v. State, CR-16-825.
...initiate a traffic stop. See Robinson , supra ; Travis v. State , 331 Ark. 7, 10, 959 S.W.2d 32, 34 (1998) ; see also Prickett v. State , 2016 Ark. App. 551, 506 S.W.3d 870 (where an officer had probable cause to believe that Prickett's license was still suspended on the day of a traffic st......
-
Baker v. State
...valid traffic stop, an officer must have probable cause to believe there has been a violation of a traffic law. Prickett v. State , 2016 Ark. App. 551, at 3, 506 S.W.3d 870, 872. Probable cause is defined as "facts or circumstances within a police officer's knowledge that are sufficient to ......