State of Tennessee v. Jose Noe Gutierrez

Case Number
M2007-02064-CCA-R9-CO

The defendant, Jose Noe Gutierrez, was indicted for first degree premeditated murder, felony murder, and two counts of attempted aggravated rape. Prior to trial, the defendant filed a motion to suppress a statement he made to police after his arrest, alleging that “his initial detention at his place of employment was made without probable cause in violation of his Fourth Amendment rights and all his statements were therefore fruit of the poisonous tree and should be suppressed.” The trial court granted the motion and also granted the State’s request for an interlocutory appeal. On appeal, the State argues that the defendant’s arrest was supported by probable cause, or, in the alternative, that the defendant’s statement was not tainted by the illegal arrest. Upon review of the record and the parties’ briefs, we affirm the ruling of the trial court.

Authoring Judge
Judge Norma McGee Ogle
Originating Judge
Judge Mark J. Fishburn
Case Name
State of Tennessee v. Jose Noe Gutierrez
Date Filed
Dissent or Concur
No
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