Summary
The Arkansas Supreme Court reviewed Jordan Arie Schneider’s conditional guilty plea and held that a vehicle-color discrepancy, without additional evidence of criminal activity, did not create reasonable suspicion sufficient to justify a traffic stop. The court reversed and remanded the sentencing order and vacated the Arkansas Court of Appeals opinion.
Holdings
- A discrepancy between the observed color of a vehicle and the color listed on its registration, standing alone, does not create reasonable suspicion of criminal activity sufficient to justify a traffic stop when the record contains no evidence that the discrepancy is indicative of criminal conduct.
- Because the traffic stop was not supported by reasonable suspicion, the circuit court erred by denying Schneider's motion to suppress.
Questions Presented
- Whether a discrepancy between a vehicle's observed color and the color listed on its registration, standing alone and without evidence connecting the discrepancy to criminal activity, creates reasonable suspicion sufficient to justify a traffic stop under Arkansas law.
- Whether the circuit court erred in denying Schneider's motion to suppress evidence seized as a result of the stop.
Disposition
reversed_and_remanded
Cases Cited (11)
- Schneider v. State, 2014 Ark. App. 711, 492 S.W.3d 601(vacated)
- Fowler v. State, 2010 Ark. 431, 371 S.W.3d 677(followed)
- Pickering v. State, 2012 Ark. 280, 412 S.W.3d 143(followed)
- Menne v. State, 2012 Ark. 37, 386 S.W.3d 451(followed)
- Malone v. State, 364 Ark. 256, 263, 217 S.W.3d 810, 814 (2005)(followed)
- Van Teamer v. State, 108 So. 3d 664 (Fla. App. Dist. 2013)(persuasive)
- United States v. Uribe, 709 F.3d 646 (7th Cir. 2013)(persuasive)
- Andrews v. State, 658 S.E.2d 126 (Ga. Ct. App. 2008)(distinguished)
- Smith v. State, 713 N.E.2d 338 (Ind. App. 1999)(distinguished)
- State v. Teamer, 151 So. 3d 421, 427 (Fla. 2014)(persuasive)
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Cited In (0)
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