Jon Schwartz v. State of Arkansas

── Jon Schwartz v. State of Arkansas ── Court: Court of Appeals of Arkansas Date: May 13, 2026 Category: General Cite as 2026 Ark. App. 305 ARKANSAS COURT OF APPEALS DIVISION IV No. CR-25-724 JON SCHWARTZ Opinion Delivered May 13, 2026 APPELLANT APPEAL FROM THE DESHA COUNTY CIRCUIT COURT V. [NO. 21ACR-23-157] STATE OF ARKANSAS HONORABLE QUINCEY ROSS, JUDGE APPELLEE AFFIRMED WENDY SCHOLTENS WOOD, Judge Jon Schwartz appeals a sentencing order entered by the Desha County Circuit Court convicting him of possession of more than two grams of methamphetamine with purpose to deliver and possession of drug paraphernalia and sentencing him to an aggregate term of forty-six years in the Arkansas Division of Correction and a $15,000 fine. On appeal, Schwartz argues that the circuit court erred in denying his motion to suppress evidence recovered in a search of his vehicle after he was stopped for a traffic violation. We affirm. At the suppression hearing, McGehee police officer Tyler Perry testified that on November 5, 2023, he was working with the Tenth Judicial District Drug Task Force along with the head of the task force, Commander James Slaughter, when they stopped Schwartz for expired tags. Neither officer testified about when the traffic stop was initiated. Officer Perry approached the driver’s side of Schwartz’s car. Commander Slaughter approached the passenger side of Schwartz’s car and saw a pill bottle on the front passenger seat. Commander Slaughter stated that Schwartz would not answer questions about the purpose of the pill bottle or what it contained. According to Officer Perry, Schwartz was “extremely nervous,” looked at his center console when Officer Perry asked if there was anything illegal in the vehicle, and refused to open any compartments inside the vehicle to look for his license and registration. Officer Perry also said that he had dealt with Schwartz in previous incidents and thus was familiar with Schwartz’s “criminal history.” In light of these circumstances, Officer Perry requested assistance from a K-9 unit. Commander Slaughter testified that Schwartz was detained, and the drug dog was called due to a “totality of all the issues,” which included Schwartz’s nervousness, his refusal to open any compartments in the car to find his license and registration, and the unexplained pill bottle. Officer Chris Hawkins, also with the McGehee Police Department, was dispatched to the scene with his drug dog, Hoot. There was no testimony establishing the arrival time of Officer Hawkins. Once deployed, Hoot “hit on” Schwartz’s car, and the officers then searched the car. During the search, officers found a zippered bag containing methamphetamine, a methamphetamine pipe, syringes, and baggies. They also discovered a digital scale inside the center console. The officers arrested Schwartz for possession of the drugs and drug paraphernalia. Schwartz was not ticketed for his expired tags. 2  At the conclusion of the hearing, the circuit court orally denied Schwartz’s motion to suppress. The following day, the court entered an order denying the motion to suppress and finding that the officers conducted a lawful search of Schwartz’s vehicle. A jury trial was held on May 7, 2025, and Schwartz was convicted of possession of methamphetamine with purpose to deliver and possession of drug paraphernalia. This appeal followed. Schwartz’s sole point on appeal is that the circuit court erred in denying his motion to suppress. In reviewing a circuit court’s denial of a motion to