STATE OF TENNESSEE v. KENNETH MCCORMICK - Articles

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Posted by: Tanja Trezise on Apr 2, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

William A. Cameron, Cookeville, Tennessee, for the appellant, Kenneth McCormick.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Michelle L. Consiglio-Young, Assistant Attorney General; Bryant C. Dunaway, District Attorney General; and Phillip Hatch, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

The defendant, Kenneth McCormick, was indicted for driving under the influence of an intoxicant (first offense), a Class A misdemeanor. The defendant moved to suppress the evidence against him on the basis that law enforcement lacked reasonable suspicion to effect the seizure of his parked vehicle through the activation of emergency lights. The trial court denied the motion to suppress, and the defendant was convicted after a jury trial. Because we conclude that the activation of the emergency lights was an exercise of the community caretaking function and did not constitute a seizure, we affirm the judgment of the trial court.

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