STATE v. RICHARDS

No. M2006-02179-SC-R11-CD

286 S.W.3d 873 (2009)

STATE of Tennessee v. Marcus RICHARDS.

Supreme Court of Tennessee, at Nashville.

July 10, 2009.


Attorney(s) appearing for the Case

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; and Mark A. Fulks, Senior Counsel, for the appellant, State of Tennessee.

Venus Niner, Franklin, Tennessee, for the appellee, Marcus Richards.


OPINION

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

The issue presented in this case is whether evidence seized from the Defendant's person following a warrantless search should have been suppressed or, conversely, whether the search was justified as a search incident to lawful arrest. After receiving a tip from...

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