Supreme Court of Arkansas

Cainis Redmond MacKintrush, Appellant v. State of Arkansas, Appellee — Wood, J., Dissenting

January 21, 20162016 Ark. LEXIS 19

Summary

Justice Wood, dissenting, would have affirmed the circuit court because the totality of the circumstances supported reasonable suspicion to prolong MacKintrush's detention after the traffic stop ended. The dissent emphasized the package's dryer-sheet odor, the prior interception of a package at the same address, the absence of apparent residency, and MacKintrush's use of another person's identity when signing for the package. The dissent maintained that these facts, viewed collectively and in light of law-enforcement experience, justified a dog sniff even though they did not establish probable cause.