ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
LARRY D. VAUGHT, JUDGE
DAVID L. JOHNSON
STATE OF ARKANSAS
February 6, 2008
APPEAL FROM THE JOHNSON
COUNTY CIRCUIT COURT
HON. DENNIS C. SUTTERFIELD,
Appellant David Johnson entered a conditional plea of guilty to possession of
marijuana with intent to deliver. On appeal, Johnson challenges the trial court’s denial of his
motion to suppress. We affirm.
The following evidence was introduced at the suppression hearing. On August 31,
2005, Officer Jason Daggs of the Arkansas State Police was patrolling I40 east of
Clarksville when he observed Johnson traveling eastbound in a white Chevrolet Malibu.
Officer Daggs testified that he passed Johnson and pulled into the median to set up a radar
patrol. As Johnson passed Officer Daggs in the median, he observed that Johnson was
traveling extremely close to the vehicle in front of him. Officer Daggs pulled out of the
median and followed Johnson for about one mile. During that time, Johnson continued to
1 The bricks were later confirmed to be fifty pounds of marijuana.
follow behind the vehicle in front of him too closely. Officer Daggs then pulled up near
Johnson, turned on his blue lights, and motioned for him to pull over.
Officer Daggs testified that he approached Johnson, advised him that he was pulled
over for following too closely, and asked for his license and registration. Johnson produced
a rental agreement for the vehicle. Officer Daggs testified that Johnson had difficulty
explaining where he was traveling. The officer asked Johnson if he had ever been arrested,
and Johnson responded, “no.” Officer Daggs learned that Johnson’s response was incorrect
and asked Johnson if he had anything illegal in his vehicle. Johnson stated, “no.” Officer
Daggs specifically asked if Johnson had marijuana in his vehicle. Johnson again said, “no”;
however, he pointed