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QUEEN v. STATE2/16/1981
n argues that evidence used against him was obtained in an unlawful search. The police received a call that there had been a shooting and proceeded to the area of the shooting. After inquiry they came upon a vehicle in the yard of a residence. Several people were getting into the vehicle or were standing around it. All had been drinking. According to one officer three people were in the car and Queen was one of those people. The people were "huddled" together. The police officers asked them to get out and found a loaded shotgun in the front floorboard. On the porch of a nearby residence they found three shotgun shells which they seized. According to the testimony the safety was off on the shotgun and the gun was ready to fire. It appeared that the three people in the car were trying to hide the gun. The seizure of these articles did not violate the constitutional prohibition against unreasonable search and seizure. The exclusionary rule, as it is applied in most cases, does not apply to every criminal proceeding. United States v. Winsett, 518 F.2d 51 (9th Cir. 1975); Harris v. State, 270 Ark. 634, 606 S.W.2d 93 (Ark. App., 1980). We recently held that it does not apply to a revocation proceeding. Lockett v. State, 271 Ark. 860, 611 S.W.2d 500 (1981).
The evidence of misconduct consisted of a conviction for driving while intoxicated and carrying a prohibited weapon in January, 1980. A month later Queen was found to be publicly drunk in a car that was driving the wrong way on a one-way street. According to officers this car attempted to elude the officers when they pursued it. There was evidence Queen was again intoxicated and involved in disorderly Conduct in the shotgun incident. Ark. Stat. Ann. 41-1208(4) (Repl. 1971) provides:
If the court finds by a preponderance of the evidence that the defendant has inexcusably failed to comply with a condition of his suspension or probation, it may revoke the suspension or probation at any time prior to the expiration of the period of suspension or probation.
In Queen's case, the suspended orders read in part:
1. You must not violate any law, federal, state or local. If arrested or questioned by law enforcement officers you are to report the matter without delay to the Probation Office, Third Floor, County Court House, Fort Smith, Arkansas, in person or by letter, giving full details of the event.
2. You must not associate with persons who have criminal records, or who are known as bad characters.
3. You are to stay out of beer joints or other places or parts of town where the wrong kind of people may be found.
We cannot say the court was clearly wrong in its findings.
The final argument that the trial judge failed to make written findings must fail for want of an objection. Lockett v. State, supra. The judgment is modified.
Affirmed as modified.
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