Towards an Independent State Constitutional Jurisprudence II – Arkansas Supreme Court rules state constitution requires warning prior to “Knock and Talk” searches.
By Stanley Adelman · October 15, 2004 · 2004 Ark. L. Notes
In categories: Archive
In recent years, the Arkansas Supreme Court’s search and seizure jurisprudence has evolved from one in which no analysis independent of United States Supreme Court Fourth Amendment case law takes place, to one in which the state court may determine for itself what is or is not an unreasonable search or seizure under the cognate search and-seizure provision of the Arkansas Constitution, even if the Supreme Court has reached a contrary conclusion under the Fourth Amendment. The Arkansas Supreme Court has also shown a similar willingness recently to resolve other constitutional issues by looking to its state constitution, as opposed to the United States Constitution as interpreted by the Supreme Court.