State of Tennessee v. Clifford Edward Clark, Alias

Defendant-Appellee, Clifford Edward Clark, was indicted by the Knox County Grand Jury for vandalism of property valued at $1,000 or more but less than $10,000, a Class D felony, and reckless endangerment committed with a deadly weapon, a Class E felony. Clark filed several motions to suppress evidence and dismiss the indictment because of lost or destroyed evidence pursuant to State v. Ferguson, 2 S.W.3d 912 (Tenn. 1999), which were denied. Clark then filed a motion to reconsider, which the trial court took under advisement. The trial court subsequently dismissed the indictment and suppressed certain evidence pursuant to both Ferguson and Arizona v. Gant, 129 S. Ct. 1710 (2009). In this appeal by the State, it argues that the trial court abused its discretion in dismissing the indictment and erred in granting Clark’s motions to suppress based on its holdings that: (1) the search of Clark’s vehicle violated Gant, and (2) the State’s loss or destruction of certain evidence violated Ferguson. Upon review, we reverse the trial court’s judgment, reinstate Clark’s indictment, suppress the photographic evidence of the camera housing, and remand for trial.