STATE OF TENNESSEE v. SARA ANNE NEUMANN - Articles

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Posted by: Amelia Ferrell Knisely on May 4, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Herbert H. Slatery III, Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; Neil Pinkston, District Attorney General; and Kristen Spires, Assistant District Attorney General for the Appellant, State of Tennessee.

Attorneys 2:

Lloyd A. Levitt, Chattanooga, Tennessee, for the Appellee, Sara Anne Neumann.

Judge(s): WILLIAMS

The defendant, Sara Anne Neumann, was charged with one count of driving under the influence (“DUI”). The defendant filed a motion to suppress the evidence from the traffic stop, arguing that the arresting officer did not have reasonable suspicion that she was committing a traffic violation to justify the stop. The trial court agreed and granted the motion to suppress. The State now appeals, arguing that the officer’s observation of the defendant and his radar gun constituted reasonable suspicion. Following a thorough review of the record, the briefs of the parties, and the applicable law, we conclude that the evidence preponderates against the findings of the trial court. We reverse the judgment of the trial court and remand for proceedings consistent with this opinion.