A pistol seized from a Little Rock homeowner accused of threatening a man with a gun cannot be used as evidence, Pulaski County Circuit Judge Barry Sims ruled Tuesday.
The judge barred prosecutors from showing a jury the weapon after Little Rock police officers acknowledged that they did not tell 56-year-old Jodie Van Merritt that he was not required to let them into his home or that he could require them to leave at any time.
According to police testimony, Merritt allowed officers into his home and showed them the gun after they asked him whether he had a pistol in his house.
Officers Corey Hall and Timothy Pope testified that Merritt willingly led them to the gun in his bedroom and that they took only the weapon.
But they also said none of the officers told Merritt that he had a right to refuse their request or that he could have made them leave at any time before they found the gun.
The judge sided with defense attorney Chad Green, who argued that the state constitution requires police who do not have search warrants to tell residents about their right to refuse a search of their home and that the search can be called off at any time.
Green said the Arkansas Supreme Court has recognized that protection for residents since rulings in 2004 and 2005 in which the high court found that for a home search to be considered voluntary, the resident must first be informed of the right to refuse entry to police.
Merritt is charged with aggravated assault, a Class D felony that carries a six-year maximum prison sentence. He is scheduled for trial next month.
Merritt was arrested at his house at 710 N. Walnut St. on Feb. 11, 2016, after officers responded to a complaint by 45-year-old Mack Giles of Alexander that Merritt had pointed a gun at him during an argument.
According to an arrest report, police say Merritt was pushed during the altercation, then went into his home and re-emerged with the pistol.
Property records show that Merritt sold the 1,554-square-foot Pulaski Heights home in October for $120,000.
Metro on 02/22/2017