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STATE v. VINEYARD

958 S.W.2d 730 (1997)

STATE of Tennessee, Plaintiff-Appellee, v. Davey Joe VINEYARD and Jimmy Lee Cockburn, Defendants-Appellants.

Supreme Court of Tennessee, at Knoxville.

Rehearing Denied February 17, 1998.

Attorney(s) appearing for the Case

John Knox Walkup, Attorney General and Reporter, Michael E. Moore, Solicitor General, Karen M. Yacuzzo, Assistant Attorney General, Nashville, Jerry N. Estes, District Attorney General, Athens, Joseph A. Rehyansky, Assistant District Attorney General, Cleveland, for Plaintiff-Appellee.

Kenneth L. Miller, Logan, Thompson, Miller, Bilbo, Thompson & Fisher, P.C., Cleveland, for Defendants-Appellants.

OPINION

DROWOTA, Justice.

In this appeal we are asked to determine whether under Article I, Section 7 of the Tennessee Constitution a stop based upon probable cause is valid irrespective of the subjective motivations of the police officer making the stop. The defendant concedes that under the Fourth Amendment to the federal constitution, the subjective motivations of police officers are irrelevant so long as the stop is otherwise based upon probable...

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