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