Supreme Court of Arkansas

Jeremy Edward Whalen, Appellant v. State of Arkansas, Appellee

October 20, 20162016 Ark. LEXIS 288

Summary

The court held that the sobriety checkpoint violated the Fourth Amendment because the State failed to prove that it was conducted under a preexisting neutral plan and because field officers retained unfettered discretion over the checkpoint's implementation. The court held that the checkpoint seizure was unreasonable absent individualized suspicion, that evidence obtained from it should have been suppressed, and that the conviction and sentence therefore could not stand. Justice Wood, concurring, agreed that the record failed to establish a constitutionally adequate plan but rejected the majority's adoption of additional restrictions on field-officer discretion.