Carruthers v. State

In Carruthers v. State (1997) 59 Ark.App. 239, 956 S.W.2d 201, officers conducting an undercover operation at a business saw three people running. The officers caught and released two men. The probationer fled when the officers saw him behind a house but was apprehended. A set of electronic scales, a bag of marijuana, and a bag of rock cocaine were found in an alley 45 feet from where the probationer was first observed. Two pagers and $ 1,000 in cash were found on the probationer. (Id. at pp. 240-241.) In reversing the trial court's finding that the probationer violated his probation, the Arkansas appellate court noted that there was no evidence the probationer was at the location where the contraband was actually found, he was not seen throwing anything, the contraband was not found along the chase route, and although fingerprints were taken off the bags, none of them belonged to the probationer. (Id. at p. 241.)