Monday, October 17, 2011

New Supreme Court decision concerning traffic stop

The Supreme Court has affirmed a conviciton and released a new and interesting decision in a carjacking, robbery and attempted first degree murder case. The defendants argued that officers lacked reasonable suspicion, citing Binnette and Williams, to stop the car and later search it and the house of the thugs. The thugs had committed their heinous crimes the night before and had left the stolen car at the Bledsoe Creek boat dock in Sumner County. Relations of the victim found it and alerted the police. There were several officers there when the thugs did a drive by and looked shocked.
"Detective Tarlecky could see the driver and passenger, who were African-American males, and he testified that “their eyes opened as big as saucers when they saw us and the vehicle just jerked back off on to . . . the roadway.” He stated that the turn back on the road “was a startled movement. They had looked down and saw us and they abruptly turned back . . . It caught our attention the way they did it.” The white Crown Victoria continued across the Bledsoe Creek bridge, then turned into a church parking lot, turned around, and slowly drove back by the boat dock area again. Detective Tarlecky got in his vehicle, activated its emergency lights, and initiated a stop of the Crown Victoria."
The Court ruled that: "In the present case, the officers had reasonable suspicion to make a brief investigatory stop based on these factors: the location (a boat dock area connected to criminal activity in that it contained a car stolen the night before), the fact that the stolen car had not been completely stripped of valuable parts, the abrupt and evasive behavior of the Crown Victoria’s driver, the startled and suspicious demeanor and appearance of the occupants that was directly observed by Detective Tarlecky, and the fact that the occupants matched the general description of the suspects as described by the BOLO dispatch."
Read the entire decision at:
http://www.tncourts.gov/sites/default/files/davischristopheropn.pdf

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