Page:Jackson v. State, 2013 Ark. 201, 427 S.W.3d 607.pdf/2

 notice anything in the bed of the truck but saw fast-food wrappers and a small suitcase in the backseat. Corporal Behnke requested and received Maysonet's identification and the vehicle's rental agreement that showed Jackson as the person who had rented the truck. According to Corporal Behnke, the rental agreement stated that Jackson had rented the truck in Tennessee on October 22, 2010, at approximately 9:01 a.m. and that the vehicle was due to be returned at 8:00 a.m. on October 25, 2010, the day before the traffic stop.

Corporal Behnke questioned Maysonet about his travels, and Maysonet told the officer that he had been to Dallas, Texas, to visit his cousin for a few days. Corporal Behnke then checked the vehicle's VIN sticker and federal VIN plate, and while doing so, noticed a large road atlas, which he thought was suspicious. Then, the officer asked Jackson for his driver's license and asked him about his travels. Jackson told the officer that the men had been to Dallas, Texas, "to see their girls" and once they arrived in Dallas, they went their separate ways. After backup arrived, Corporal Behnke deployed his dog, K-9 Major, around the truck. Based on the dog's alert, Corporal Behnke then searched the vehicle and discovered four or five Ziplock bags of a green, leafy-vegetable matter, which he determined to be marijuana, inside the one suitcase in the truck.

Jackson was arrested and charged with one count of possession of marijuana with intent to deliver. He filed a motion to suppress the evidence and his roadside and custodial statements, asserting that the officer had conducted a warrantless and unreasonable search and seizure of the vehicle in violation of his rights under the Arkansas Rules of Criminal Procedure, as well as the Arkansas and United States Constitutions.