State of Tennessee v. Mechelle L. Montgomery

Case Number
M2013-01149-SC-R11-CD

The defendant, who was indicted for driving under the influence and violating the open container law, moved to suppress all evidence discovered during the search of her car, which included an open container of alcohol and a small amount of marijuana. The trial court granted the motion to suppress, holding that one of the officers involved had unreasonably prolonged the investigatory stop. The Court of Criminal Appeals affirmed. Because the officer had a reasonable basis for extending the stop by ten to fifteen minutes while awaiting a second officer and the duration of the detention did not exceed the proper parameters, we set aside the order of suppression and remand to the trial court for further proceedings.

Authoring Judge
Justice Gary R. Wade
Originating Judge
Judge James G. Martin, III
Case Name
State of Tennessee v. Mechelle L. Montgomery
Date Filed
Dissent or Concur
No
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