Case Number
W2015-00133-CCA-R9-CD
I respectfully disagree with the conclusions of the majority opinion for two reasons. First, the implied consent law does not satisfy the consent exception to the warrant requirement of the Fourth Amendment. Second, the evidence does not preponderate against the trial court's findings that the defendant did not freely and voluntarily, and without duress or coercion, consent to the blood test.
Originating Judge
Judge Glenn Ivy Wright
Case Name
State of Tennessee v. A.D. Smith, III - Dissenting
Date Filed
Dissent or Concur
No
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