Cite as 356 Ark. 460 (2004)
dramshop precedent relative to minors based, in part, on General Assembly's enhanced protection of minors). We conclude that Arkansas' strong public policy in favor of privacy in one's home warrants today's opinion and our overruling of King v. State, supra.
[12] We hold that the failure of the Drug Task Force agents in this case to advise Jaye Brown that she had the right to refuse consent to the search violated her right and the right of Michael Williams against warrantless intrusions into the home, as guaranteed by Article 2, § 15, of the Arkansas Constitution. We affirm the suppression of all evidence seized in this case that flowed from this unconstitutional search. While we do not hold that the Arkansas Constitution requires execution of a written consent form which contains a statement that the home dweller has the right to refuse consent, this undoubtedly would be the better practice for law enforcement to follow.
Affirmed.
DICKEY, C.J., GLAZE and IMBER, JJ., dissent.
TOM GLAZE, Justice, dissenting. Today, a 4–3 divided court issues an opinion that makes a radical change in Arkansas search and seizure law. The decision is clearly contrary to prior law and the change is totally unwarranted and unnecessary. Initially, I point out the obvious mistakes the four-member court has made in its refusal to follow the Fourth Amendment, as it protects all citizens against unlawful searches.
First, the majority's members seem to treat the so-called "knock and talk" as a brand new procedure used by law enforcement officers. Such a procedure has been around for a long time, and merely allows officers to request a home dweller's consent to search his or her dwelling. In this type of situation, the officers have some information that an illegal activity may be occurring inside the home, but the officers do not have sufficient evidence (probable cause) to obtain a search warrant.
Our court has long recognized an officer's right to request a suspect's consent to search the home, under limited circumstances. See Ark. Rule Crim. P. 11.1. Rule 11.1 provides as follows: "An officer may conduct searches and make seizures without a search warrant or other color of authority if consent is given to the search or seizure." This court's commentary to Rule 11.1 also makes it clear that an officer seeking consent to search from suspects does not
