The Tennessee Supreme Court has reversed the Court of Criminal Appeals and reinstated the conviction in State v Brotherton. In the case a trooper saw a bright white light shining from a broken, but partially covered taillight. The light had been covered by red tape, but the tape only covered a little more than 50% of the light and bright white light was visible to the trooper.
The Court found the trooper had reasonable suspicion to stop the car based on the taillight. It made a point of stating that a taillight did not have to be in perfect condition. It can be properly repaired or covered with red tape, but if a bright white light is shining through an officer can stop the vehicle to check it out.
Read the case at:
http://www.tsc.state.tn.us/OPINIONS/TSC/PDF/103/State%20v%20Mike%20Brotherton%20opn.pdf
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