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577 S.W.3d 761
Ark. Ct. App.
2019
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Background

  • Trooper Josh Elmore followed Eliot Pargament on I-40 after observing a white vehicle pull in front of Pargament; Elmore believed Pargament was following too closely.
  • Elmore followed for about thirty seconds, then activated his emergency lights; he testified Pargament could have changed lanes or slowed but did neither.
  • Dashcam video confirmed the stop sequence and that the white vehicle had accelerated and pulled ahead slightly as Elmore moved behind Pargament.
  • Elmore did not recall exact speeds but said vehicles were near the 70 mph speed limit; he testified based on training that the distance presented a crash risk.
  • Pargament was arrested for possession of marijuana after the stop; he moved to suppress evidence arguing the traffic stop lacked probable cause.
  • The trial court denied the suppression motion; on appeal the court reviewed probable-cause de novo and reversed, finding the stop unjustified.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether officer had probable cause to stop for following-too-closely under Ark. Code § 27-51-305 Elmore: distance and speed created reasonable belief Pargament violated following statute and posed crash risk Pargament: the white vehicle cut in front and opened distance; officer didn’t allow sufficient time to correct, so no probable cause Reversed: no probable cause — officer erred in stopping Pargament (stop unreasonable under totality of circumstances)

Key Cases Cited

  • Cagle v. State, 571 S.W.3d 47 (Ark. App. 2019) (probable-cause standard for traffic stops; focus on whether officer reasonably believed an offense occurred)
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Case Details

Case Name: Pargament v. State
Court Name: Court of Appeals of Arkansas
Date Published: May 29, 2019
Citations: 577 S.W.3d 761; 2019 Ark. App. 311; No. CR-18-789
Docket Number: No. CR-18-789
Court Abbreviation: Ark. Ct. App.
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    Pargament v. State, 577 S.W.3d 761