Arkansas v. Sullivan, Kenneth (05/29/2001)
Arkansas v. Sullivan, Kenneth (05/29/2001)
By: Medill News Service, Medill News Service
Questions presented
questions presented
Brief
On May 29, 2001, the U.S. Supreme Court issued a per curiam opinion, without hearing oral arguments, criticizing the Arkansas Supreme Court for ignoring its 1996 precedent in Whren v. U.S.
Sullivan's case involved a traffic stop in Conway, Arkansas, for speeding and an improperly tinted windshield, and resulted in the discovery of methamphetamine and some suspected drug paraphernalia.
The Arkansas Supreme Court affirmed the suppression of the drug evidence, reiterating the trial judges conclusion that ""the arrest was pretextual and made for the purpose of searching Sullivans vehicle for evidence of a crime."" In so holding, the state's highest court declined to follow Whren on the ground that ""much of it is dicta.""
In its per curiam opinion reversing the Arkansas decisions, the U.S. Supreme Court took the Arkansas Supreme Court to task, calling its decision ""flatly contrary to this Courts controlling precedent,"" reiterated its position in Whren, and found that the police search for drugs in Arkansas was within the law and should not have triggered an inquiry into the subjective intentions of the officer.