State v. Hunt

302 S.W.3d 859, 2009 Tenn. Crim. App. LEXIS 266
CourtCourt of Criminal Appeals of Tennessee
DecidedApril 17, 2009
StatusPublished
Cited by1 cases

This text of 302 S.W.3d 859 (State v. Hunt) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Hunt, 302 S.W.3d 859, 2009 Tenn. Crim. App. LEXIS 266 (Tenn. Ct. App. 2009).

Opinion

OPINION

JOSEPH M. TIPTON, P.J.,

delivered the opinion of the court,

in which THOMAS T. WOODALL and NORMA McGEE OGLE, JJ., joined.

The defendant, Roger L. Hunt, pled guilty to third offense driving under the influence, possession of drug paraphernalia, and misdemeanor possession of a Schedule II controlled substance, after the trial court denied his motion to suppress. The defendant’s plea agreement preserved a certified question of law regarding the legality of the police stop before his arrest, which was based upon the defendant’s not [861]*861having a light illuminating his license plate. Upon consideration of the certified question, we hold that the trial court erred in denying the motion to suppress. We reverse the judgments of the trial court and vacate the convictions.

At the suppression hearing, Deputy Clifford Adams of the Wayne County Sheriffs Department testified that he was on duty on July 12, 2007, when he saw a car operating on a roadway at 11:39 p.m. without a “tag light.” He said he was unable to read the license plate from where he was parked and began following the car. He said no street lights were in the area. He said that because he was still unable to read the license plate from a safe distance, he initiated a traffic stop. He stated that he was not able to read the license plate until after he turned on his blue lights and got closer as the defendant was slowing down for the stop. He said the license plate was not “caked with dirt or anything.” As a result of the stop, the defendant was charged with driving under the influence, drug possession, and possession of drug paraphernalia.

The trial court denied the defendant’s motion to suppress the evidence. The court accredited Deputy Adams’ testimony that he was unable to read the license plate “until he got right up behind it.” The defendant then pled guilty and properly preserved a dispositive certified question of law. See Tenn. R.Crim. P. 37(b)(2); State v. Preston, 759 S.W.2d 647 (Tenn. 1988). The question is, ‘Whether the trial court erred in failing to suppress the evidence in the case on the basis that the traffic stop of the Defendant’s vehicle was invalid because his license plate was not clearly visible to the officer as required under T.C.A. § 55-4-110 due to an inoperable tag light.”

The defendant argues that Deputy Adams’ warrantless stop of the defendant was not based upon reasonable suspicion that a crime was being committed. He argues that the statute does not require an operating tag light above a license plate and that the testimony of Deputy Adams established only that his license plate was “not clear” and without reasonable suspicion that a statute had been violated. The State responds that Deputy Adams had reasonable suspicion or probable cause to stop the defendant because the defendant violated the statute by failing to have his license plate clearly displayed.

A trial court’s factual findings on a motion to suppress are conclusive on appeal unless the evidence preponderates against them. State v. Odom, 928 S.W.2d 18, 23 (Tenn.1996); State v. Jones, 802 S.W.2d 221, 223 (Tenn.Crim.App.1990). Questions about the “credibility of the witnesses, the weight and value of the evidence, and resolution of conflicts in the evidence are matters entrusted to the trial judge as the trier of fact.” Odom, 928 S.W.2d at 23. The application of the law to the facts as determined by the trial court is a question of law which we review de novo on appeal. State v. Yeargan, 958 S.W.2d 626, 629 (Tenn.1997).

The Fourth Amendment to the United States Constitution protects against unreasonable searches and seizures, and “Article 1, Section 7 of the Tennessee Constitution is identical in intent and purpose with the Fourth Amendment.” State v. Downey, 945 S.W.2d 102, 106 (Tenn.1997) (citation omitted). In State v. Williams, 185 S.W.3d 311, 315 (Tenn.2006), our supreme court outlined the three types of encounters between the authorities and citizens and defined the applicable legal standard for each:

Not all contact between police officers and citizens involves the seizure of a [862]*862person under the Fourth Amendment of the United States Constitution or Article I, section 7 of the Tennessee Constitution. Courts have recognized three distinct types of police-citizen interactions: (1) a full scale arrest which must be supported by probable cause, see United States v. Watson, 423 U.S. 411, 424, 96 S.Ct. 820, 46 L.Ed.2d 598 (1976); (2) a brief investigatory detention which must be supported by reasonable suspicion of criminal activity, see Terry v. Ohio, 392 U.S. 1, 27, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); and (3) a brief “consensual” police-citizen encounter which requires no objective justification, see Florida v. Bostick, 501 U.S. 429, 434, 111 S.Ct. 2382, 115 L.Ed.2d 389 (1991). This last category includes community caretaking or public safety functions. See Cady v. Dombrowski, 413 U.S. 433, 441, 93 S.Ct. 2523, 37 L.Ed.2d 706 (1973); State v. Hawkins, 969 S.W.2d 936, 939 (Tenn.Crim.App.1997).

Reasonable suspicion, the standard applicable here, “is a particularized and objective basis for suspecting the subject of a stop of criminal activity[.]” State v. Binette, 33 S.W.3d 215, 218 (Tenn.2000) (citing Ornelas v. United States, 517 U.S. 690, 696, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996)). It is determined based upon the totality of the circumstances of the encounter. Id. (citing Alabama v. White, 496 U.S. 325, 330, 110 S.Ct. 2412, 110 L.Ed.2d 301 (1990)).

As a preliminary matter, we must consider whether the defendant was committing an offense for which the officer could stop him if he had reasonable suspicion of such. A pertinent section of the Code provides:

Every registration plate shall at all times be securely fastened in a horizontal position to the vehicle for which it is issued so to prevent the plate from swinging and at a height of not less than twelve inches (12") from the ground, measuring from the bottom of the plate, in a place and position to be clearly visible and shall be maintained free from foreign materials and in a condition to be clearly legible. No tinted materials may be placed over a license plate even if the information upon the license plate is not concealed.

T.C.A.

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302 S.W.3d 859, 2009 Tenn. Crim. App. LEXIS 266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hunt-tenncrimapp-2009.