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Posted by: Tanja Trezise on Mar 27, 2015

Court: TN Supreme Court

Attorneys 1: Herbert H. Slatery III, Attorney General and Reporter; Andrée S. Blumstein, Solicitor General; James E. Gaylord and Leslie E. Price, Senior Counsel; Clark B. Thornton, Assistant Attorney General; Kim R. Helper, District Attorney General; and Carlin C. Hess, Assistant District Attorney General, for the appellant, State of Tennessee.

Attorneys 2:

Lee Ofman, Franklin, Tennessee, for the appellee, Mechelle L. Montgomery.

Judge(s): WADE

The defendant, who was indicted for driving under the influence and violating the open container law, moved to suppress all evidence discovered during the search of her car, which included an open container of alcohol and a small amount of marijuana. The trial court granted the motion to suppress, holding that one of the officers involved had unreasonably prolonged the investigatory stop. The Court of Criminal Appeals affirmed. Because the officer had a reasonable basis for extending the stop by ten to fifteen minutes while awaiting a second officer and the duration of the detention did not exceed the proper parameters, we set aside the order of suppression and remand to the trial court for further proceedings.