Cite as 356 Ark. 460 (2004)
Our recent cases, however, remain consistent with King. For example, this court has noted that, on the issue of consent searches, we interpret Arkansas law in a manner consistent with federal law. That federal law is followed by a host of Arkansas cases, stating that a person's knowledge of the right to refuse consent to search is not a requirement to prove the voluntariness of consent. See Latta v. State, 350 Ark. 488, 88 S.W.3d 833 (2002) (court stated that, in most situations where consent is freely and voluntarily given, the "knock and talk" procedure has been upheld as a consensual encounter and a valid means to request consent to search a house); Scott v. State, 347 Ark. 767, 57 S.W.3d 567 (2002) (court primarily looked to federal court appellate decisions, noting that every federal appellate court which has considered the question has concluded that the "knock and talk" or consensual search procedure is not per se violative of the Fourth Amendment) (emphasis added).[1] This court's holdings in Latta and Scott merely follow the rationale set forth in King. Other states also have recently come to the same conclusion.[2]
Arkansas case law has predictably and repeatedly adhered to the general rule set forth in Schneckloth v. Bustamonte, 412 U.S. 218 (1973), that "voluntariness of consent" is a question of fact to be determined from all the circumstances, and while the subject's knowledge of a right to refuse consent is a factor to be taken into account, the prosecution is not required to demonstrate such knowledge as a sole prerequisite to establishing a voluntary consent. To this effect, see Latta, supra; Scott, supra; Martin v. State, 328 Ark. 420, 944 S.W.2d 512 (1997); Duncan v. State, 304 Ark. 311, 802 S.W.2d 917 (1991); Scroggins v. State, 268 Ark. 261, 595 S.W.2d 219 (1980); McGuire v. State, 265 Ark. 621, 580 S.W.2d 198 (1979); King, supra; Reeves v. State, 258 Ark. 788, 528 S.W.2d 924 (1975).
- ↑ In support of this statement, the Scott court cited the following federal cases: United States v. Severe, 29 F.3d 444 (8th Cir. 1994); Rogers v. Pendleton, 249 F.3d (4th Cir. 2001); United States v. Jones, 239 F.3d 716 (5th Cir. 2001); United States v. Johnson, 170 F.3d 708 (7th Cir. 1999); United States v. Jerez, 108 F.3d 684 (7th Cir. 1997); United States v. Cormier, 220 E3d 1003 (9th Cir. 2000) (the use of the "knock and talk" procedure to gain access to a motel room was permissible, in the absence of reasonable suspicion, and did not result in a seizure of the defendant or violate his consent to search). See also United States v. Kim, 27 F.3d 947 (3rd Cir. 1994); United States v. Tobin, 923 F.2d 1506 (11th cir. 1991).
- ↑ For example, the Scott court reported the following: Iowa in State v. Reiner, 628 N.W.2d 460 (Iowa 2001); Maryland in Scott v. State, 366 Md. 121,782 A.2d 862 (2001); and North Carolina in State v. Smith, 346 N.C. 794,488 S.W 2d 210 (1997). Scott, 347 Ark. at 779; see also State v. Green, 598 So.2d 624 (La. Ct. App. 1992); State v. Land, 106 Or. App. 131, 806 P.2d 1156 (1991).
