ELECTRONICALLY FILED

Pulaski County Circuit Court

Larry Crane, Circuit/County Clerk

2015-Dec-11 15:49:24
60CR-14-3928
C06D04 : 3 Pages

IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS

FOURTH DIVISION

STATE OF ARKANSAS
VS.

PLAINTIFF
CR14-3928

ARRON LEWIS

DEFENDANT

MOTION TO CONSIDER INVENTORY SEARCH OF THE FORD FUSION

Comes now the State of Arkansas by and through John F. Johnson, deputy prosecuting
attorney, and for its motion states the following:
1) During the investigation into the disappearance of Beverly Carter, members of the
Pulaski County Sheriffs Office (PCSO) went to 165 Randall to surveil that address.
2) While at 165 Randall, members of PCSO observed the defendant get into a black Ford
Fusion and drive away. Both the defendant and the car matched the description of a
person and vehicle at the residence from where Beverly Carter was kidnapped.
3) As the Ford Fusion drove away from 165 Randall it crashed in a ditch. The defendant
was injured in this crash and was taken by ambulance for treatment at a local hospital.
4) Due to the driver of the vehicle being taken to the hospital, the damage to the vehicle, and
information that was gathered at the scene of the accident, members of the PCSO ordered
the Ford Fusion to be towed.
5) Pursuant to PCSOs written policy regarding towed vehicles, an inventory search of the
vehicle was initiated at the crash site.
6) A vehicle storage report was filled out at 10:15 a.m. on 9/28/14 describing items that
were found in the passenger compartment of the Ford Fusion at the crash site.
7) The trunk was not inventoried at the crash site because it was believed the trunk should
be opened in a controlled environment. Therefore the inventory search was suspended
until the vehicle was towed to the PCSO crime scene bay.
8) Before the inventory search was continued at the PCSO crime scene bay a search warrant
was obtained from Judge Wayne Gruber at 11:58 a.m. on 9/28/14 to search the vehicle.

9) Had the search warrant not been obtained, the inventory search of the trunk of the vehicle
would have been completed at the crime scene bay of the vehicle pursuant to written
PCSO policy which states:
Any time a vehicle is ordered towed by the Sheriffs Office, a vehicle
storage report will be completed. The deputy ordering the vehicle
towed will inventory the vehicle, including the trunk, glove box,
and other accessible areas, and ensure the results of the inventory
are listed on the storage report. Any damage, other than normal
wear, is to be listed in the damage section. Note whether damage
appears fresh or old. Items of significant value should be noted in
the remark section. A vehicle storage report is not required when
vehicles are towed at the request of the owner or operator.
10) As the Court pointed out in its order, Benson v. State, 342 Ark. 684, 30 S.W.2d 731
(2000), stands for the proposition that police officers may conduct a warrantless
inventory search of a vehicle that is being impounded in order to protect the owners
property while it is in the custody of the police, to insure against claims of lost, stolen, or
vandalized property and to guard the police from danger. Benson at 688.
11) In this case the PCSO began an inventory search of the Ford Fusion pursuant to it being
towed and stored. This procedure would have been completed at the crime scene bay
pursuant to the authority cited by this Court in Benson. The inventory search was
interrupted by the search pursuant to the flawed search warrant. However, the United
States Supreme Court and the Arkansas Supreme Court have ruled that the inevitable
discovery rule allows admission of evidence that would have inevitably been found by
lawful means.
12) In Willoughby v. State, 76 Ark. App. 329, 65 S.W.3d 453 (2002), the defendant was
driving a commercial truck that was stopped at an Arkansas Highway Police station for a
safety inspection. While the safety inspection was being conducted the highway
patrolman noticed the defendants nervous behavior and requested a canine sniff search
of the truck during which the canine alerted on contraband.
13) The Willoughby court found that:
even if the search of Willoughbys truck pursuant to the canine
sniff had been illegal, it was proper for the trial court to deny
Willoughbys motion to suppress the evidence seized from the
truck under the inevitable discovery doctrine. Under this doctrine,

evidence that would otherwise be suppressed is admissible if the

State proves by a preponderance of the evidence that the police
would have inevitably discovered the evidence by lawful means.
Miller v. State, 342 Ark 213, 27 S.W.3d 427 (2000).
14) This Court has ruled that the search of the vehicle pursuant to the search warrant was a
violation of the defendants Constitutional rights. However, this Court also ruled: If the
State can show that any items found in the vehicle that they seek to introduce were
discovered during an inventory search and not during the search pursuant to the illegal
warrant, this Court will consider admitting them.

WHEREFORE, the State respectfully requests the opportunity to supplement the record
regarding PCSOs inventory search policy, that an inventory searched had commenced, and to
prove by a preponderance of the evidence the items in the trunk would have inevitably been
discovered pursuant to an inventory search.

Respectfully submitted,

/s/ John F. Johnson______________

John F. Johnson
Chief Deputy Prosecuting Attorney
224 S. Spring
Little Rock, AR 72201