State v. Allen (Majority, with Concurring and Dissenting)
Annotate this CaseUpon stopping Defendant and boarding his boat to perform a safety check, an enforcement division officer of the Arkansas Game and Fish Commission concluded that Defendant was under the influence of alcohol. Defendant entered a no-contest plea to boating while intoxicated. Defendant appealed, alleging that the Game and Fish officers had no authority to stop and arrest him and that there was a lack of probable cause for the stop. The circuit court reversed, holding that the stop of Defendant's vehicle was unreasonable under the circumstances and violated Defendant's Fourth Amendment rights. The Supreme Court affirmed, holding that the practice of safety-check stops by law-enforcement officers in this case violated the Fourth Amendment.
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