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Posted by: Stacey Shrader Joslin on Aug 3, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

J. Liddell Kirk (on appeal), Knoxville, Tennessee; Raymond Mack Garner, District Public Defender; and Matthew Elrod, Assistant District Public Defender (at trial), for the Appellant, Caleb Joseph Latham.

Attorneys 2: Herbert H. Slatery III, Attorney General and Reporter; Ahmed A. Safeeullah, Assistant Attorney General; Michael L. Flynn, District Attorney General; and Betsy Brockman Smith, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): THOMAS

The Defendant, Caleb Joseph Latham, entered guilty pleas to driving under the influence (“DUI”), first offense, and DUI per se. See Tenn. Code Ann. § 55-10-401. As a part of his guilty pleas, the Defendant reserved a certified question of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2) challenging his warrantless seizure. Following our review, we conclude that the trial court should have granted the Defendant?s motion to suppress because he was subjected to a seizure without reasonable suspicion. The ruling of the trial court is reversed, and the charges against the Defendant are dismissed.