Post by Shuftin on Nov 24, 2006 4:17:14 GMT -5
NASHVILLE, KNOXVILLE – The Tennessee Supreme Court has issued a ruling in a Hamilton County case that may limit future “identification stops” in Tennessee.
Steven Brown of the public defender’s office said the state high court pointed out that the issue had not arisen before in Tennessee.
He said officers of the Chattanooga Housing Authority set up a stop similar to a roadblock and arrested Jeremy Hayes after searching his vehicle.
He said he filed a motion to suppress the evidence, and it was sustained by Criminal Court Judge Rebecca Stern. But the Tennessee Court of Criminal Appeals overruled Judge Stern.
However, the Tennesee Supreme Court backed the decision of Judge Stern.
Here is the full opinion:
IN THE SUPREME COURT OF TENNESSEE
AT KNOXVILLE
November 16, 2005 Session Heard in Kingsport
STATE OF TENNESSEE v. JERRY W. HAYES, JR.
Appeal by permission from the Court of Criminal Appeals
Criminal Court for Hamilton County
No. 244042-43 Rebecca J. Stern, Judge
No. E2003-02338-SC-R11-CD - Filed April 20, 2006
After being stopped for an identification check at the street entrance to a public housing development, Defendant, Jerry W. Hayes, Jr., was charged with driving on a suspended license and being a minor in possession of alcohol. Defendant moved to suppress the evidence collected as a result of the stop, arguing that the stop was an unconstitutional seizure. The trial court granted Defendant’s motion to suppress, and the State obtained permission to appeal. The Court of Criminal Appeals reversed the trial court, and Defendant sought permission to appeal to this Court. We granted this appeal to answer a question of first impression: whether an entry identification checkpoint at which police officers stop and question persons attempting to enter a public housing development, whose conduct is unremarkable and free from suspicion, is an unreasonable seizure in violation of the United States Constitution and article I, section 7 of the Tennessee Constitution. Under the facts presented in this case, we answer that question in the affirmative. Accordingly, we reverse the judgment of the Court of Criminal Appeals and reinstate the trial court’s judgment granting Defendant’s motion to suppress. The case is remanded to the trial court for further proceedings consistent with this opinion.
The entire case can be found here
www.thenewspaper.com/rlc/docs/2006/tn-roadblock.pdf
Steven Brown of the public defender’s office said the state high court pointed out that the issue had not arisen before in Tennessee.
He said officers of the Chattanooga Housing Authority set up a stop similar to a roadblock and arrested Jeremy Hayes after searching his vehicle.
He said he filed a motion to suppress the evidence, and it was sustained by Criminal Court Judge Rebecca Stern. But the Tennessee Court of Criminal Appeals overruled Judge Stern.
However, the Tennesee Supreme Court backed the decision of Judge Stern.
Here is the full opinion:
IN THE SUPREME COURT OF TENNESSEE
AT KNOXVILLE
November 16, 2005 Session Heard in Kingsport
STATE OF TENNESSEE v. JERRY W. HAYES, JR.
Appeal by permission from the Court of Criminal Appeals
Criminal Court for Hamilton County
No. 244042-43 Rebecca J. Stern, Judge
No. E2003-02338-SC-R11-CD - Filed April 20, 2006
After being stopped for an identification check at the street entrance to a public housing development, Defendant, Jerry W. Hayes, Jr., was charged with driving on a suspended license and being a minor in possession of alcohol. Defendant moved to suppress the evidence collected as a result of the stop, arguing that the stop was an unconstitutional seizure. The trial court granted Defendant’s motion to suppress, and the State obtained permission to appeal. The Court of Criminal Appeals reversed the trial court, and Defendant sought permission to appeal to this Court. We granted this appeal to answer a question of first impression: whether an entry identification checkpoint at which police officers stop and question persons attempting to enter a public housing development, whose conduct is unremarkable and free from suspicion, is an unreasonable seizure in violation of the United States Constitution and article I, section 7 of the Tennessee Constitution. Under the facts presented in this case, we answer that question in the affirmative. Accordingly, we reverse the judgment of the Court of Criminal Appeals and reinstate the trial court’s judgment granting Defendant’s motion to suppress. The case is remanded to the trial court for further proceedings consistent with this opinion.
The entire case can be found here
www.thenewspaper.com/rlc/docs/2006/tn-roadblock.pdf