Friday, July 29, 2011

Public Urination as Reasonable Suspicion

In State v Pack, an officer saw the driver relieving himself on a city street in Tullahoma. The public urination caused the officer to approach the defendant, who had driven his car until he stopped to urinate. The urinator was intoxicated and was charged DUI 3rd offense and Driving on a Revoked license. He pled guilty and reserved the reasonable suspicion issue for appeal. He argued that the de novo review of the video should have trumped the testimony of the officer. The Court was not convinced that the officer (not the video) was unable to see the criminal activity before he activated his blue lights.
Once again the Court acknowledges, by it's ruling, that stationary videos pointed directly forward don't see all that the human eye can see. A person can turn his head, look to the side, look down and look up. A video mounted on a dashboard cannot. The Pack sentence of 180 days to serve was affirmed.
Read the case at:

http://www.tsc.state.tn.us/sites/default/files/state_of_tennessee_v_steven_daniel_pack.pdf

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