State v. Cherry (Majority)
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Dwayne Cherry was charged with possession of a controlled substance, possession of drug paraphernalia, and theft by receiving. Cherry filed a motion to suppress contraband discovered on his person after a traffic stop. The circuit court granted the motion, concluding that the police lacked reasonable suspicion to conduct a patdown search and that Cherry did not consent to the search of the interior of his clothing. The State appealed, arguing that the circuit court erred by concluding that consent does not satisfy the Fourth Amendment and, consequently, adding reasonable suspicion as a prerequisite to a valid consent to search under Ark. R. Crim. P. 11. The Supreme Court dismissed the appeal, holding that because the appeal involved only disputed factual findings, it was not a proper State appeal.
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