Scroggins v. State

Decision Date17 March 1980
Docket NumberNo. CR,CR
Citation268 Ark. 261,595 S.W.2d 219
PartiesLyndell Ray SCROGGINS, Appellant, v. STATE of Arkansas, Appellee. 79-218.
CourtArkansas Supreme Court

John W. Achor, Public Defender by James H. Phillips, Deputy Public Defender, Little Rock, for appellant.

Steve Clark, Atty. Gen. by Mary Davies Scott, Asst. Atty. Gen., Little Rock, for appellee.

PURTLE, Justice.

Appellant was convicted of aggravated robbery in violation of Ark.Stat.Ann. § 41-2102 (Repl.1977). He bases his appeal upon the denial of his motion to suppress evidence which he claims was the result of an illegal warrantless search of his vehicle. He was sentenced to 35 years as a habitual offender.

The only question on appeal is whether the trial court erred in overruling the motion to suppress. We think the trial court was correct.

The facts are not materially in dispute. About 8:00 p. m. on March 17, 1979, the Payless Shoe Store on Asher Avenue in Little Rock was robbed. A few minutes later the police received a report that the blue Chevrolet pickup, bearing Arkansas license HUY 529, used as the getaway vehicle was parked on a parking lot at the Amble Inn. The officers arrived at the parking lot at 8:07 p. m. Upon inquiry, it was determined that appellant and another man arrived in the vehicle and were playing pool inside the Amble Inn. The officers approached the two men and took them outside where they were searched and arrested.

The only testimony presented at the hearing on the motion to suppress was that of Detective John Hutchinson of the Little Rock Police Department. His undisputed testimony reveals appellant was given his Miranda warning, but he was not informed that he had the right to refuse consent to the search of his vehicle. The detective stated he sought permission to search the vehicle which was parked and locked. In answer to the officer's request to search the truck the appellant replied, "I don't care. Go ahead." No other evidence was presented at the hearing on the motion to suppress.

There are some situations in which a warrantless search may be justified. First, a search incident to arrest, Gordan v. State, 259 Ark. 134, 529 S.W.2d 330 (1976); second, the so-called "automobile exception," Cady v. Dombrowski, 413 U.S. 433, 93 S.Ct. 2523, 37 L.Ed.2d 706 (1973); third, when consent is given, Harvey v. State, 261 Ark. 47, 545 S.W.2d 913 (1977). Knowledge of the right to refuse consent to search is not a requirement to prove the voluntariness of...

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23 cases
  • State v. Brown
    • United States
    • Arkansas Supreme Court
    • 25 Marzo 2004
    ...was freely and voluntarily given. Holmes v. State, supra; Norris v. State, 338 Ark. 397, 993 S.W.2d 918 (1999); Scroggins v. State, 268 Ark. 261, 595 S.W.2d 219 (1980). A valid consent to search must be voluntary, and "[v]oluntariness is a question of fact to be determined from all the circ......
  • Griffin v. State
    • United States
    • Arkansas Supreme Court
    • 28 Febrero 2002
    ...The State has a heavy burden to prove by clear and positive testimony that consent was freely and voluntarily given. Scroggins v. State, 268 Ark. 261, 595 S.W.2d 219 (1980); Humphrey, supra. See also Norris v. State, 338 Ark. 397, 993 S.W.2d 918 (1999). The State failed to meet its burden i......
  • Stone v. State
    • United States
    • Arkansas Supreme Court
    • 16 Abril 2002
    ...was freely and voluntarily given. Holmes v. State, supra; Norris v. State, 338 Ark. 397, 993 S.W.2d 918 (1999); Scroggins v. State, 268 Ark. 261, 595 S.W.2d 219 (1980). A valid consent to search must be voluntary, and "[v]oluntariness is a question of fact to be determined from all the circ......
  • Stone Jr v. State
    • United States
    • Arkansas Supreme Court
    • 16 Mayo 2002
    ...was freely and voluntarily given. Holmes v. State, supra; Norris v. State, 338 Ark. 397, 993 S.W.2d 918 (1999); Scroggins v. State, 268 Ark. 261, 595 S.W.2d 219 (1980). A valid consent to search must be voluntary, and "[v]oluntariness is a question of fact to be determined from all the circ......
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