STATE v. MOATS

No. E2010-02013-SC-R11-CD

403 S.W.3d 170 (2013)

STATE of Tennessee v. James David MOATS.

Supreme Court of Tennessee, at Nashville.

Filed March 22, 2013.


Attorney(s) appearing for the Case

Robert E. Cooper, Jr. , Attorney General and Reporter; William E. Young , Solicitor General; Cameron L. Hyder , Assistant Attorney General; Robert Steven Bebb , District Attorney General; and James H. Stutts , Assistant District Attorney General, for the appellant, State of Tennessee.

Matthew C. Rogers (at trial and on appeal), and Randy Rogers (at trial), Athens, Tennessee, for the appellee, James David Moats.


OPINION

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

While on routine patrol in the early hours of the morning, a police officer observed a pick-up truck parked in a shopping center lot. Because the truck's headlights were turned on, the officer drove into the lot, stopped her patrol car directly behind the truck...

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