By Jay Hughes, The Associated Press
LITTLE ROCK (AP) -- The Arkansas Supreme Court on Thursday threw out a Little Rock man’s gun and drug possession convictions, saying a police officer did not have sufficient reason to detain the man for loitering.
Cameron Brazwell appealed on grounds that then-Pulaski County Circuit Judge John Plegge in Brazwell’s 2002 trial erred by allowing a handgun and four rocks of crack cocaine into evidence.
Brazwell was convicted for simultaneous possession of drugs and firearms, possession of cocaine with intent to deliver and a misdemeanor loitering charge.
The high court noted that in a suppression hearing, Little Rock police detective Christian Sterka testified that he was working as a patrolman when he encountered Brazwell sitting under a “No Loitering, No Sitting, No Standing” sign outside a liquor store and the detective called him over to the patrol car.
As Brazwell approached, the court said, Brazwell told the officer that Brazwell had a gun in his pocket. The crack cocaine was found when Brazwell was searched. Brazwell apparently told Sterka he was in the process of delivering the handgun to someone else, but the crack was for personal use.
Sterka testified that Brazwell never acted in a threatening way or did anything illegal in his presence.
Justices ruled that Sterka did not observe Brazwell long enough to suspect him of loitering, and so did not have probable cause to stop him.
Brazwell was improperly detained because there was no indication he posed a danger to others or was involved in damage or theft of property, the high court said.
The court said "... nothing about Brazwell, except for the fact that he looked young and was sitting under a “No Loitering” sign, gave Sterka any grounds to suspect that Brazwell was committing, had committed or was about to commit a felony or a misdemeanor ...”
The court did not rule on an argument that convicting Brazwell of possession of drugs with intent to sell, a lesser included offense, constituted double jeopardy. The court said it was not necessary since Brazwell’s primary conviction was overturned.