Tennessee Criminal Lawyer Blog

The validity of traffic stops is a frequently contested issue in Tennessee criminal law, and with good reason. In many cases, it is the act of initiating a traffic stop that leads to charges of driving under the influence, simple possession, possession with intent to distribute, and many others. The United States and Tennessee Constitutions protect drivers from unreasonable searches and seizures, which has basically been interpreted in Tennessee to mean that a police officer must have “reasonable suspicion,” to believe the vehicle or its occupants are involved in criminal activity in order to stop the vehicle. Such suspicion can be provided by many different circumstances, such as the driver violating a traffic ordinance or driving suspiciously in some cases.

In State v. Brotherton, the Court will decide if a police officer had reasonable suspicion to stop the defendant’s vehicle based on the fact that the taillight was not in “good condition” because it was projecting a glaring or dazzling light. In this case, the defendant had broken the taillight and attempted to repair it with red repair tape. The intermediate appellate court held that the taillight was in proper working condition in that it provided proper warning and safety measures to other motorists and thus was in “good condition.” Thus, it held that the officer did not have probable cause for the stop. As such, the stop would have been illegal and any evidence of criminal activity uncovered during the stop would probably be suppressed.