STATE v. ENGLAND


19 S.W.3d 762 (2000)

STATE of Tennessee v. Dennis R. ENGLAND.

Supreme Court of Tennessee, at Nashville.

May 30, 2000.


Attorney(s) appearing for the Case

R. Eddie Davidson of Nashville, Tennessee, for the appellant, Dennis R. England.

Paul G. Summers, Attorney General and Reporter, Michael E. Moore, Solicitor General, and Daryl J. Brand, Associate Solicitor General, Nashville, Tennessee (On Appeal), and Lawrence Ray Whitley, District Attorney General, and Dee Gay, Assistant District Attorney (At Trial), for the appellee, State of Tennessee.


OPINION

ANDERSON, C. J., delivered the opinion of the Court, in which DROWOTA, HOLDER, and BARKER, JJ., joined.

This is an appeal from the Criminal Court for Sumner County, which granted the defendant's motion to suppress evidence obtained from a canine sweep of his legally detained motor vehicle. The trial court concluded that a canine sweep is not a search under the Fourth Amendment to the United States Constitution but nonetheless held that the officer...

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