State v. Brewster
Annotate this CaseAppellees were charged with five felonies involving the manufacture, possession, and delivery of methamphetamine and paraphernalia. The charges resulted from a single incident when sheriff's deputies attempted a "knock and announce" at a residence after receiving information that a methamphetamine laboratory was active and currently in progress. The State granted Appellees' motion to suppress. The State appealed, contending that the circuit court erred as a matter of law in its interpretation of the "reasonably foreseeable" test concerning police-created exigent circumstances adopted in Mann v. State. The Supreme Court dismissed the appeal, holding (1) it was not a proper State appeal under Ark. R. App. P.-Crim. 3 because the State failed to produce a record on appeal that demonstrated that the circuit court actually relied on Mann and misinterpreted that case in reaching its decision; and (2) therefore, the State could not satisfy the requirement of Rule 3(d) that the correct and uniform administration of the criminal law required the Court's review of the appeal.
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