State of Tennessee v. James D. Nicholson

Case Number
M2004-00111-CCA-R3-CD

On appeal, the defendant challenges the trial court’s denial of his motion to suppress. After careful review, we conclude that, under the facts presented, the defendant was seized when the officers instructed the defendant to “hold up,” pursued him on foot, and eventually apprehended him.  Moreover, we hold that the detectives lacked reasonable suspicion or probable cause to effectuate the stop. Therefore, we reverse the findings of the trial court, the evidence flowing from the illegal seizure is suppressed, the defendant’s conviction is vacated, and the charges are dismissed.

Authoring Judge
Judge John Everett Williams
Originating Judge
Judge J. Randall Wyatt, Jr.
Case Name
State of Tennessee v. James D. Nicholson
Date Filed
Dissent or Concur
No
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