Nevada County Picayune and Gurdon Times Newspaper Archive

Search Of Car In 1999 Was Illegal Says Supreme Court

A warrant to search a house did not extend to the search of a vehicle, according to the Arkansas Supreme Court.

This decision reversed the conviction of Isaac A. Colbert, who was charged and convicted for possession of a controlled substance with intent to deliver in 1999.

The case and decision were based on drugs found in Colbert's car.

He was also convicted of possession of drugs and possession of a firearm on the basis of a search of his home, which was legal.

Circuit Judge Duncan Culpepper denied Colbert's motion to suppress the evidence taken from his car, but not what was found at his home when the Prescott Police made their search.

A search warrant was run March 18, 1999 to search Colbert's house and the grounds.

However, when investigators with the Arkansas State Police and Nevada County Sheriff's Office went to Colbert's home neither he nor his car was there.

Officers didn't search the house at the time, deciding instead to drive around Prescott looking for the suspect on the belief he may have drugs in his car.

Justice Tom Glaze, in the ASC's opinion, said the officers admitted when the warrant was obtained for Colbert's house there was no probable cause to search his vehicle.

The court disagreed with the state's contention the error was harmless and overturned the conviction.