STATE OF TENNESSEE v. JERRY R. SHOUSE - Articles

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STATE OF TENNESSEE v. JERRY R. SHOUSE

Posted by: Tanja Trezise on Apr 21, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; and Mike Bottoms, District Attorney General, for the appellant, State of Tennessee.

Attorneys 2:

J. Russell Parkes and Charles M. Molder, Columbia, Tennessee for the appellee, Jerry R. Shouse.

Judge(s): SMITH

Appellee, Jerry R. Shouse, was indicted by the Maury County Grand Jury with one count of driving under the influence and one count of violation of the open container law. Prior to trial, Appellee filed a motion to suppress the evidence on the basis that the warrantless seizure was arbitrary and oppressive. After a hearing, the trial court granted the motion to suppress by written order. The State filed a notice of appeal on the same day that the order of nolle prosequi was entered. After a review of the record and applicable authorities, we determine based on the recent decision of State v. Moats, 403 S.W.3d 170 (Tenn. 2013), the trial court properly granted the motion to suppress where the actions of the officer were not authorized under any exception to the warrant requirement. Consequently, the judgment of the trial court is affirmed.

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