Court Overturns 20-Year Drug Sentence.

By Brian Cole

Published on February 23, 2006

In December 2002 Zeronical Rice, 25, of Benton, Ark. was stopped by Officer Phillip Bailey after the officer observed him riding with a passenger who was not wearing a helmet. Bailey said Rice's demeanor seemed overly friendly and suspected him of concealing a weapon. He said he also knew from past experience Rice was sometimes armed and asked for permission to search him for weapons. When he did, he found 8.7 grams of crack-cocaine in Rice's pocket.

Bailey did not explain any specifics to the court but said his experience and training as a police officer told him during the pat-down search that the bag in Rice's coat pocket was crack-cocaine. Rice's conviction as a habitual offender moved the sentence from 3-10 to 3-20 years. That conviction was reversed. In a decision written by Chief Judge John Mauzy Pittmanhe, the court said Bailey had taken the permission given for a weapons search too far.

Judge Olly Neil concurred with Judge Pittmanhe's decision, stating that Rice should have been free to go when his passenger was allowed to leave.. At that time, the court said, the purpose of the traffic stop had ended.

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