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Posted by: Landry Butler on Jul 13, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Herbert H. Slatery III, Attorney General and Reporter; M. Todd Ridley, Assistant Attorney General; Kim R. Helper, District Attorney General; and Nichole Dusche', Assistant District Attorney General, for the appellant, State of Tennessee.

Attorneys 2:

Vanessa Pettigrew Bryan, District Public Defender; and Jakob Schwendimann, Assistant Public Defender, for the appellee, Arnold Travis Nunnery.

Judge(s): WILLIAMS

The Defendant was indicted for driving under the influence of an intoxicant (DUI); driving with a blood alcohol concentration of .08 or more (DUI per se); DUI, second offense; and unlawful possession of a weapon. The Defendant filed a motion to suppress evidence obtained as a result of a blood draw taken pursuant to a search warrant, and the trial court granted the motion. The State sought and was granted permission to appeal pursuant to Tennessee Rule of Appellate Procedure 9. We hold that the police officer’s execution of the search warrant was unconstitutional, that exigent circumstances did not justify the blood draw, and that the good faith exception does not apply. Accordingly, we affirm the trial court’s judgment suppressing the results of the blood draw and remand the case to the trial court for further proceedings consistent with this opinion.