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STATE v. DAY

No.

263 S.W.3d 891 (2008)

STATE of Tennessee v. Tyson Lee DAY.

Supreme Court of Tennessee, at Nashville.

September 22, 2008.

Attorney(s) appearing for the Case

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Elizabeth B. Marney (on brief), Assistant Attorney General; Mark A. Fulks (on brief and at oral argument), Senior Counsel; Lawrence Ray Whitley, District Attorney General; Thomas Dean, Assistant District Attorney General, for the appellant, State of Tennessee.

David Allen Doyle, District Public Defender; Mike Anderson, Assistant District Public Defender, for the appellee, Tyson Lee Day.

CORNELIA A. CLARK, J., delivered the opinion of the court, in which WILLIAM M. BARKER, C.J., and JANICE M. HOLDER and GARY R. WADE, JJ., joined. WILLIAM C. KOCH, JR., J., filed a dissenting opinion.

OPINION

After unsuccessfully moving to suppress evidence resulting from the traffic stop that led to his arrest, the defendant, Tyson Lee Day, pleaded guilty to third offense driving under the influence and driving on a revoked license. The plea agreement provided for reservation of a certified question of law regarding whether the traffic stop was based on reasonable suspicion, supported by specific and articulable facts, that a criminal offense had been or was...

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