State v. Tyson (Majority, with Dissenting)Annotate this Case
After receiving complaints of narcotic activity, patrol officers began to watch an area around a trailer. An officer opened three trash bags from a nearby dumpster to investigate the names of the adults living in the trailer and discovered items relating to methamphetamine as well as fresh baby diapers. After obtaining a search warrant, which included a justification for nighttime clause because the search would be executed after 8 p.m., the officers discovered methamphetmine being manufactured in the bathroom while three small children were asleep inside the trailer. The circuit court Defendant Mark Tyson's motion to suppress, finding that none of the nighttime-search conditions in Ark. R. Crim. P. 13.2(c) applied to the search. The Supreme Court reversed, holding that the circuit court erred in granting Tyson's motion to suppress where (1) the facts did not provide a basis for reasonable cause for a nighttime search pursuant to Rule 13.2; but (2) the executing officers operated in good faith under U.S. v. Leon, and therefore, the exception to the Court's criminal rules applied to the defective search and seizure.