State v. Brashers (Majority, with Concurring)
Annotate this CaseThe State charged Defendant with one count of arson. Defendant filed a motion to suppress evidence seized in a warrantless search of Defendant's burned building that was conducted three days after the fire during an insurance company investigation. Defendant asserted that law enforcement officers did not have probable cause to search the building without a search warrant, and therefore, the search was invalid. The circuit court granted Defendant’s motion to suppress, finding that certain evidence and photographs taken from the burned premises during the warrantless search violated the Fourth Amendment. The State brought this interlocutory appeal. The Supreme Court dismissed the appeal, as the appeal did not involve the interpretation of the law or the uniform administration of justice, as required by Ark. R. App. P.-Crim. 3(c).
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