Johnson v. State
2014 Ark. App. 567
Ark. Ct. App.2014Background
- Police stopped a white Chevrolet Caprice at ~9:00 p.m. after smelling a strong odor of marijuana and noting a registration color mismatch. The car was driven and solely occupied by John Ellis Johnson.
- Officers observed Johnson repeatedly spraying air freshener and smelled marijuana on his person and from the vehicle.
- Johnson exited the vehicle when asked but ran after an officer entered the car; additional officers arrived and gave chase.
- During the foot pursuit, an officer saw Johnson pull an object from his right cargo pocket and toss it; the officer pointed to the spot and another officer retrieved a .22-caliber handgun there.
- After Johnson fled, a search of the Caprice produced a loaded .38-caliber Smith & Wesson revolver under the driver’s seat; that gun was later shown to be stolen. Johnson was a felon.
- Johnson was convicted by bench trial of possession of a firearm by certain persons (felon-in-possession), theft by receiving (stolen firearm), and fleeing; sentenced to concurrent terms totaling six years. He appealed challenging sufficiency of possession evidence and denial of his suppression motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence that Johnson possessed either firearm | State: constructive possession may be inferred from gun under driver’s seat and gun discarded near where Johnson tossed an object while fleeing | Johnson: neither firearm was in his actual possession; State failed to prove constructive possession beyond reasonable doubt | Affirmed — evidence sufficient to infer constructive possession of the under-seat firearm (sole-occupied car) and the discarded .22 after toss during flight |
| Denial of motion to suppress for alleged illegal detention after traffic stop concluded | State: odor of marijuana before and during stop gave reasonable suspicion to continue detention, search vehicle, and arrest | Johnson: officers lacked reliable grounds to continue detention after license/registration check concluded; testimony unreliable | Affirmed — trial court’s credibility findings not clearly erroneous; totality of circumstances (odor of marijuana) supported continued detention and search |
Key Cases Cited
- Passley v. State, 323 Ark. 301 (establishes sequencing: address sufficiency before other claimed errors)
- Scroggins v. State, 312 Ark. 106 (on sufficiency review courts may consider evidence admitted at trial even if erroneous)
- Polk v. State, 348 Ark. 446 (constructive possession may substitute for actual possession)
- Tubbs v. State, 370 Ark. 47 (constructive-possession requires proof of care, control, and management; may be inferred from accessibility)
- Yarbrough v. State, 370 Ark. 31 (standard for reviewing suppression rulings: de novo review of totality, factual findings for clear error)
- Cockrell v. State, 2010 Ark. 258 (odor of marijuana from vehicle supplies reasonable suspicion to detain/search/arrest)