The Tennessee Supreme Court has reinstated charges of driving under the influence and violating the open container law against Williamson County resident Mechelle Montgomery in an opinion that restores evidence gained during a search.
In February of 2012, two officers with the Williamson County Sheriff’s Office were dispatched to the residence of a woman named Corey Brown, who had reported seeing a black Ford Mustang driven by Ms. Montgomery in her driveway. Ms. Brown indicated that Ms. Montgomery had previously been in a relationship with Ms. Brown’s boyfriend and had harassed them in the past.
The officers, who were in separate vehicles, observed a black Ford Mustang with two female occupants parked in a church parking lot on the same road as the Brown residence. The lead officer continued on to the residence, while the backup officer parked his patrol car and approached the Mustang on foot.
When Ms. Montgomery, who was in the driver’s seat, identified herself, the officer detected the smell of alcohol and observed that her eyes were “watery” and her speech was slurred. The officer asked both occupants for their driver’s licenses, which he retained for approximately 10 to 15 minutes while waiting for the lead officer.
When the lead officer arrived, he conducted field sobriety tests, which further indicated that Ms. Montgomery was intoxicated. The officers searched the car and found an open container of alcohol in the center console and a “marijuana joint” under the passenger-side floor mat. The officers arrested Ms. Montgomery, and she was later indicted for driving under the influence and violating the open container law.
The trial court ruled that the evidence obtained during the search was inadmissible because the backup officer should have conducted the field sobriety tests on his own instead of holding the suspects pending the arrival of the lead officer. The Court of Criminal Appeals affirmed.
The Supreme Court reversed, holding that it was reasonable for the backup officer to prolong the stop by 10 to 15 minutes to wait for the lead officer to return and conduct the field sobriety tests, while the backup officer ensured the safety of the scene.
Read the State v. Mechelle Montgomery opinion, authored by Justice Gary R. Wade.