Defendant V. Case Brief

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Recommended: Reasonable suspicion in Tennessee law enforcement

This matter comes before the Court regarding the Defendant’s Motion to Suppress evidence from an illegal search and seizure of the Defendant’s person and his vehicle on June 28, 2017.
PROCEDURAL AND FACTUAL BACKGROUND The Defendant was arrested as a result of a prostitution sting conducted by the Franklin Police department on June 28, 2017. According to the body microphone of Detective Kroeger, Franklin Police officers observed the Defendant drop off a woman later identified as Elizabeth Hernandez at 1505 Landings Drive, Franklin, Tennessee on June 28, 2017. Ms. Hernandez had previously agreed to meet an undercover officer for sexual activity in exchange for money. Ms. Hernandez had previously stated to the undercover officer that she would be transported to and from the location by her boyfriend, later identified as the Defendant. Police observed the Defendant drop off Ms. Hernandez and arrested her, charging her with Prostitution. Officers then conducted a traffic stop as Defendant exited the apartment complex. Immediately the officers noticed the smell of burnt marijuana coming from the vehicle. The …show more content…

Defendant asserts that reasonable suspicion is a particularized and objective basis for suspecting the subject of criminal activity. State v. Binette, 33 S.W.3d 215, 218 (Tenn. 2000). Defendant contends that the State must produce more than just a “hunch” of suspecting criminal activity, and that, at the time the Officers conducted the traffic stop of the defendant, they did not meet the standard of reasonable suspicion in order to detain him. Defendant hinges the argument on the assertion that police had no way of possessing reasonable suspicion that the handgun or the drugs were in the car at the time of the

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