Mistake of Law as Support for Traffic Stops
2014 VALOR TRIBUTES ARKANSAS FALLEN OFFICERS
By David Raupp Senior Assistant Attorney General Arkansas Attorney General’s Office
Chief Keith Bradford, Sr. Turrell Police Department Date of Birth: June 1, 1958 End of Watch: April 2, 2014
Chief Deputy Pete Richardson Lafayette County Sheriff's Office Date of Birth: December 4, 1963 End of Watch: March 17, 2014
Deputy Sheriff Bobby Nearns Phillips County Sheriff’s Office Date of Birth: March 25, 1956 End of Watch: November 12, 2013
“IN VALOR THERE IS HOPE.” - TACITUS
Opinions Corner Opinion No. 2014-002 The Attorney General released an opinion on May 1, 2014, to answer questions regarding carrying concealed handguns on private property adjacent to the Arkansas State Highway and Transportation Department on Interstate 30 in Little Rock. In the opinion, the Attorney General concluded that A.C.A. 5-73-306(3)(A) does not prohibit carrying a concealed handgun onto private property based on the property’s proximity to AHTD headquarters or other property owned by the Department. The Attorney General explained that A.C.A. 5-73-306(3)(A) applies only to grounds that are owned or controlled by AHTD. The full text of Attorney General opinions issued since 1991 may be found on the Attorney General’s web site at www.arkansasag.gov/opinions/.
The first argument heard by the U.S. Supreme Court for the new term that began in October will lead to an important decision for law enforcement officers. Heien v. North Carolina raises the question of whether a reasonable mistake of law is adequate suspicion to permit a traffic stop. In 2009, a Surry County, N.C., Sheriff’s deputy stopped Nicholas Brady Heien for having only one working brake light, believing state law required both to be working. The deputy found cocaine in the vehicle, and Heien conditionally pleaded guilty to a drug crime, reserving a challenge to the validity of the stop. The North Carolina Court of Appeals concluded that because state law required only “a stop lamp” brake light to be working, the stop was unreasonable. On review, the North Carolina Supreme Court upheld the stop, noting that another provision of state law required all “rear lamps” to be in working order. Thus, that court concluded that, even if the court of appeals’ interpretation as to “a stop lamp” was correct, the deputy’s stop was valid, as it was founded on a “reasonable mistake of law.” That principle has long held true in Arkansas as well. A 1998 case called Travis v. State involved an Arkansas police stop founded on a deputy’s mistaken belief that Texas law required an expiration sticker on license plates as Arkansas does. In that case, the Arkansas Supreme Court found that whether a driver is ultimately guilty of the violation that prompted the stop does not answer whether an officer reasonably believed the violation occurred in the first instance. The Arkansas Supreme Court again confirmed this point earlier this year in Robinson v. State, a case involving a cracked taillight lens. In order to defend this long-standing Arkansas law, Attorney General Dustin McDaniel joined an amicus brief to the U.S. Supreme Court written by Wisconsin in Heien v. North Carolina. At the oral argument there, Heien pressed the point that citizens are bound to know the law, and the adage that ignorance of the law is no excuse should apply equally to law-enforcement officers. The Justices, however, did not appear persuaded by that point because the Fourth Amendment protects against only unreasonable seizures, not against mistakes of law or fact. What amounts to a reasonable mistake, of course, will turn on the facts and law of a given case. For example, in a case involving impounding a vehicle for lack of proof of insurance, the Arkansas Supreme Court held that the impounding officer was not acting objectively reasonably because an appellate court had over two years before held that impoundment was not permitted for lack of such proof. But when an officer’s mistake is reasonable, good police work need not be undone by it. The Supreme Court is expected to decide Heien by June 2015. Page 2
2014 ARKANSAS OFFICER OF THE YEAR District 1 Nominees Cpl. John Eidson Jr., Jonesboro Police Department On January 9, 2014, Cpl. John Eidson responded to Meadow View Trailer Park with fellow Jonesboro Police officers to render assistance to resident Nick Franklin, who had been shot in an altercation with suspect Michael Ware. Cpl. Eidson came face to face with a visibly agitated Ware through a partially opened door of a mobile home. Cpl. Eidson repeatedly asked Ware if he was armed before Ware fired on Cpl. Eidson, narrowly missing the officer’s face. Cpl. Eidson returned fire, retreated and took cover. Ware exited the mobile home through a back door, holding what appeared to be a gun. Cpl. Eidson fired his service weapon again before Ware returned to the mobile home. Seven people exited the mobile home. The SWAT team entered the mobile home and found Ware deceased. “Cpl. Eidson is a hero,” wrote Second Judicial District Prosecuting Attorney Scott Ellington, who nominated Cpl. Eidson. “His quick instinct and actions saved the lives of three adults and four children in the mobile home, in addition to the lives of his fellow officers and Mr. Franklin.” Trooper Steven Roberts, Arkansas State Police On July 1, 2014, Trooper Steven Roberts responded to a BOLO for an armed bank robbery suspect by checking truck stop parking lots in Palestine for the suspect’s vehicle. He located the suspect’s vehicle less than 12 minutes after the BOLO was issued. After also spotting the suspect, he called for backup as he watched the vehicle. When the suspect began to leave, Trooper Roberts stopped the vehicle and took the driver into custody. After being read his Miranda rights, the driver, Richard Swicegood, admitted to robbing the bank. Approximately $12,000 and a phony gun were found inside the vehicle. Trooper Roberts built a rapport with Swicegood and talked to the suspect until Swicegood admitted that he had robbed between 30 and 60 banks in several states. The FBI later identified Swicegood as “The Loan Ranger Bandit.” Trooper Roberts went above and beyond his call of duty that day,” Sgt. Rodney Myers wrote in his nomination letter.
District 2 Nominees Cpl. Alvernon Rogers, Arkansas State Police As a recruiter for the Arkansas State Police, Corporal Rogers works closely with universities, colleges, vocational institutes, military installations and community leaders in Arkansas and other states. He serves as an ambassador for the agency by being a traffic escort for the Race for the Cure and by serving as a mentor and instructor for the Louis Bryant Troopers Coalition Boys Summer Camp. “Senior Cpl. Rogers’s career of service and dedication to the citizens of Arkansas and the Arkansas State Police has not gone unnoticed by the citizens whose lives he has touched, the leaders of this organization or his peers,” wrote Sgt. Wanda James in her nomination letter.
their vehicle, charging toward Jones while returning fire. Jones was killed in the exchange. “Lt. Treasitti and Det. Ellison acted bravely in the face of fire,” wrote Cpt. Jeff Besancon in his nomination letter. Sgt. Brian Grigsby and Officer Troy Dillard, Little Rock Police Department On May 10, 2014, Sgt. Grigsby and Officer Dillard successfully returned 83-year-old Melvyn Amrine, who suffers from Alzheimer’s, to his home. The officers spotted the gentleman entering a bookstore and stopped because he matched the description that had been issued when Mr. Amrine’s wife reported him missing. Mr. Amrine told the officers he had left his home to buy flowers for his wife for Mother’s Day. The officers notified department communications and Mrs. Amrine that Mr. Amrine had been found safe. The officers proceeded to take Mr. Amrine to two different stores so that he could find his wife’s favorite flowers before returning him safely home. “Their actions bring credit to themselves, the Little Rock Police Department and law enforcement as a whole,” Lt James Wheeler wrote in his nomination letter.
Lt. Michael Treasitti and Det. Kyle Ellison, Benton Police Department On July 30, 2013, Lt. Michael Treasitti and Det. Kyle Ellison participated in a large-scale narcotics initiative. The lieutenant and detective were partnered to focus their efforts on a known drug dealer named Clifford Jones. When Jones fled after a traffic stop, Treasitti and Ellison gave chase, weaving through city streets and onto an Interstate 30 service road, where Jones’s tires were punctured by spike strips. In the midst of heavy interstate traffic, Jones began firing a handgun at the officers’ vehicle. Det. Ellison returned fire from the front passenger seat as Lt. Treasitti positioned their vehicle to lessen the risk of other motorists taking fire. When Jones’s vehicle struck an interstate barrier and stopped, the lieutenant and detective exited
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2014 ARKANSAS OFFICER OF THE YEAR District 3 Nominees Sgt. Daniel Klatt, Carroll County Sheriff’s Office Sgt. Daniel Klatt was nominated for his critical role in safely locating a 16-year-old girl in June 2014 after she was lured away from her home by a 39-year-old convicted sex offender. Sgt. Klatt quickly recognized that the girl was likely the victim of internet grooming/enticement and used phone and social media records to identify a suspect. Sgt. Klatt spent hours scouring phone records and cross-referencing geolocation data to track the suspect’s movements and then worked with the FBI and Texas authorities to apprehend the suspect and recover the girl safely. In addition to Sgt. Klatt’s work in recovering the young woman, he is responsible for starting his department’s digital forensic branch and is the agency’s leader for the Arkansas Internet Crimes Against Children Task Force.
Cpl. Chris Goodman, Arkansas State Police Cpl. Chris Goodman was nominated for his exemplary criminal interdiction efforts. He works diligently to remove dangerous narcotics and criminals from our streets. In the past year, Cpl. Goodman made 176 felony and 296 misdemeanor arrests. His efforts led to 48 significant seizures that included over 807 pounds of marijuana, 137 pounds of cocaine, 23 pounds of meth and 5,540 illegal prescription drug pills. In addition to his narcotics work, Cpl. Goodman led his troop in DWI arrests this year with 84.
District 4 Nominees Sgt. Roy Williams, Garland County Sheriff’s Office Sgt. Roy Williams was nominated for his selfless and brave actions on July 16, 2014, while responding to an apartment fire in the early morning. Sgt. Williams helped wake and evacuate residents safely from the building without regard for his own safety. During the evacuation, a portion of a burning ceiling collapsed on top of Sgt. Williams, resulting in first- and second-degree burns. Sgt. Williams refused medical treatment until every resident of the complex was safe. On top of everything else, Sgt. Williams was himself a resident of the apartment complex and lost everything he owned in the fire.
Officer Shawn Lowrey, Hot Springs Police Department Officer Lowrey was nominated for his actions on August 20, 2014, when he rendered aid to a man who had been gravely wounded from a gunshot wound to the upper leg. “Despite the fact that Officer Lowrey had no way to determine whether the injured person was an armed aggressor or if hostile attackers were concealed nearby, he courageously proceeded through the unsecured crime scene to render aid to the injured victim,” wrote Chief David Flory in his nomination letter. Medical staff credited his response, rapid medical evaluation and swift application of a tourniquet for saving the victim’s life.
Lt. Brad Young, Arkansas Game & Fish Commission Lt. Young leads the Commission’s newly formed Special Investigations Unit. In that capacity, Lt. Young supervises 24 officers throughout the state and has assisted in planning and executing investigations that resulted in 519 violations being cited, with total bonds set at $126,570. Those operations included a Chicot County case involving the poisoning of wildlife; and a two-day, statewide special operation that resulted in 106 violations being cited.
Special Agent Matt Roberson, Arkansas State Police Special Agent Roberson was nominated for his overall outstanding service during his ten years with the Arkansas State Police. Roberson, a sniper with the ASP SWAT team, is a veteran of the Iraq War and is an active volunteer with the Wounded Warrior Project. In addition to his overall service, Special Agent Roberson was nominated for his outstanding efforts on Sept. 17, 2013, in Judsonia. “Special Agent Roberson’s quick action against (the suspect) in returning fire from his sniper rifle ended a gun battle,” his supervisor wrote in nominating Roberson. “That could have resulted in the death or injuries to other SWAT members who were within 10-15 feet from (the suspect) when he exited his home and began firing rounds from his .44 cal. handgun.”
Lt. Young was selected by his peers as the 2014 Arkansas Wildlife Officer of the Year. “Lieutenant Young understands that the team is only as effective as each individual player and strives to motivate others,” Col. Todd Callaway wrote in his nomination letter. Page 4
10-8 Newsletter Election Update
Attorney general-elect Leslie Rutledge Attorney General-elect Leslie Rutledge was elected Attorney General on Tuesday, Nov. 4, 2014. She will be sworn into office on Jan. 12, 2015. Attorney General-elect Rutledge grew up on a cattle farm and attended public school at the Southside School District in Independence County. She received her undergraduate degree from the University of Arkansas at Fayetteville before attending the UALR Bowen School of Law. She began her career in the Arkansas Court of Appeals, clerking for Judge Josephine Hart, now Associate Justice on the Arkansas Supreme Court. Rutledge went on to serve as Deputy Counsel to the Office of Gov. Mike Huckabee. Later, she served as Deputy Prosecuting Attorney in Lonoke County and as an attorney for the Arkansas Division of Children and Family Services. She also served as Deputy Counsel for the Huckabee for President Campaign, Deputy Counsel at the National Republican Congressional Committee and Counsel for the Republican National Committee. She’s active with the Junior League, Alpha Delta Pi Alumni, the National Rifle Association and Women in Networking in Central Arkansas. She is a member of the Arkansas Bar Association, the UALR Bowen School of Law Alumni Board, the Federalist Society and the Republican National Lawyers Association.
Learn More About CJI By Dr. Cheryl May Criminal Justice Institute Director For Arkansas officers seeking professional development that will help them advance in their career, the Criminal Justice Institute collaborates with colleges and universities across the state to provide an opportunity that should not be missed. Certified law enforcement personnel can earn Certificates of Proficiency, Technical Certificates, and Associate of Applied Science Degrees in two critical areas of policing—Crime Scene Investigation and Law Enforcement Administration. Here are some quick facts about this unique program: Officers can participate regardless of where they are located in the State. Along with classes taken through CJI, officers complete general education courses from one of 22 collaborating colleges/universities. This ensures that officers have access to a campus in or near their community. In addition, the growing catalog of online programs available through Arkansas colleges/universities makes it easier than ever before to complete required coursework. There are no costs associated with CJI classes. Classes taken through CJI are free of charge to Arkansas law enforcement officers, which means more than half of the classes needed for this program can be obtained at no cost to the participating officer.
CJI classes are designed specifically for the working officer. With the exception of our distinguished programs, CJI’s programs typically range in length from one to three days, so it doesn’t take a semester to complete a program nor does it require extended leave from their agencies. In addition, CJI’s growing catalog of online programs includes many of the required classes and elective classes of the certificate and AAS programs, giving officers the added convenience of completing these programs at their home or agency. To learn more about CJI’s higher education program, officers can contact Glen Ritta at geritta@cji.edu or (501) 570-8017. Additional information is also available on CJI’s website at www.cji.edu/programs/higher-education-degree-program. In another exciting collaboration, on the national level, CJI has joined forces with four universities to establish the National Cybersecurity Preparedness Consortium (NCPC). As a part of this consortium, CJI will update two of its courses: Comprehensive Cyberterrorism Defense (CCD) and Cyberterrorism First Responder (CFR) to provide counter-cyberterrorism training to technical personnel working within our nation’s critical infrastructures. In addition to CJI, the Consortium includes the Texas A&M University Engineering Extension Service (TEEX), the Norwich University Applied Research Institutes, the University of Texas at San Antonio Center for Infrastructure Assurance and Security (CIAS), and the University of Memphis’ Center for Information Assurance. CJI is honored to be part of this national effort to help states and communities prepare for, detect and respond to cyber attacks. Working together, we can make communities safer one officer at a time!
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ATTORNEY GENERAL
DUSTIN MCDANIEL
Mailing Address Line 1 Mailing Address Line 2 Mailing Address Line 3 Mailing Address Line 4
ARKANSAS
323 Center Street, Suite 200 Little Rock, AR 72201 1 (800) 448-3014
EDITOR CINDY MURPHY Communications Director EDITORIAL BOARD AARON SADLER Chief Administrative Officer J.P. FRENCH Chief, Special Investigations Division DAVID RAUPP Senior Assistant Attorney General SARAH GIBSON Public Affairs Liaison
For a subscription to the 10-8 Newsletter call (501)682-2007 or (800)448-3014 To read the 10-8 online, go to www.ArkansasAG.gov. Follow the AG on Twitter: @AttyGenMcDaniel “Like” the Arkansas Attorney General on Facebook