Herrington v. State

Petitioner, Michael Herrington, was convicted by a jury of possession of a controlled substance. He appealed, arguing that the trial court erred by denying his motion to quash the search warrant since the supporting affidavit did not mention the time during which the criminal activity was observed. The Arkansas Court of Appeals affirmed his conviction in a three-three decision. Herrington v. State, 15 Ark. App. 248, 692 S.W.2d 251 (1985). As we granted petitioner's petition for review, our jurisdiction is pursuant to Sup. Ct. R. 29(6). We reverse. The primary issue in this case involves the application of the good faith exception to the exclusionary rule enunciated by the United States Supreme Court in United States v. Leon, 104 S.Ct. 3405 (1984), and adopted by this court in McFarland & Soest v. State, 284 Ark. 533, 684 S.W.2d 233 (1985); Lincoln v. State, 285 Ark. 107, 685 S.W.2d 166 (1985); Toland v. State, 285 Ark. 415, 688 S.W.2d 718 and State v. Anderson, 286 Ark. 58, 688 S.W.2d 947 (1985).