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State v. Harrison3/7/2003
Factual Background
On February 16, 2001, the Appellant was stopped on State Highway 840 in Williamson County by Tennessee Valley Authority ("TVA") law enforcement officer Kevin Pollard. At the time Pollard, who was returning home from work, was wearing a TVA police uniform, carrying a side arm, and driving a designated TVA police vehicle with emergency lights. The traffic stop was initiated after Pollard observed the Appellant cross the fog line three times on a clear night, while traveling well below the posted speed limit. As Officer Pollard approached the Appellant, he observed that the Appellant smelled of alcohol, his eyes were bloodshot, and his speech was slurred. Pollard testified that he believed the Appellant was intoxicated. He returned to his patrol car and radioed the Williamson County Sheriff's Office, pursuant to the TVA policy which required him to contact appropriate local law enforcement officers under such circumstances. Because of radio transmission problems, Pollard was forced to contact the sheriff's office by cell phone. According to his trial testimony, it took the Williamson County deputy approximately thirty to thirty-five minutes to arrive at the scene.
Upon arrival, the responding officer, Deputy Clark, briefly conferred with Pollard and then approached the Appellant's vehicle. He also noticed that the Appellant smelled of alcohol, had bloodshot eyes, and slurred speech. The Appellant admitted to Deputy Clark that he had consumed six beers earlier in the evening. Clark requested that the Appellant exit the vehicle in order to perform field sobriety tests. According to Clark, the Appellant failed to successfully complete the three tests and was then placed under arrest. Clark transported the Appellant to Williamson County Medical Center, where a blood alcohol test was conducted. The test results indicated a .16% blood alcohol concentration level.
On June 11, 2001, the Williamson County Grand Jury returned a three count indictment charging the Appellant with: (1) driving under the influence of an intoxicant; (2) driving with a blood alcohol level of .10% or greater; and (3) driving under the influence, second offense.
At a bench trial on January 15, 2002, the Appellant was found guilty of counts 1 and 3, with count 2 being dismissed. He was sentenced to eleven months, twenty-nine days at 100%, which was suspended after the service of forty-five days in the county jail.
Analysis
I. Officer's Authority to Effectuate Stop
Although not challenged on appeal, we first find it necessary to examine the finding of the trial court that Officer Pollard had police authority to stop the Appellant's vehicle. If no police authority existed, the Appellant's stop would be reviewed under the provisions of Tennessee Code Annotated § 40-7-109, arrest by private person. This issue was briefly raised by the Appellant at a suppression hearing. Officer Pollard testified at the hearing that his authority to act in this case derived from "Chapter 76 of the Public Acts." Chapter 76 of the Public Acts of 1989, which is codified at Tennessee Code Annotated § 38-3-120, provides in relevant part as follows:
(a) The Tennessee valley authority (hereinafter referred to as "TVA") may apply to the commissioner of safety for the appointment and commissioning of such number of its agents, servants, or employees as TVA shall designate to act as peace officers, as provided in this section. The commissioner, upon such application, shall appoint such persons as TVA designates to be such peace officers, and shall give commissions to those appointed. Any agent, servant, or employee of TVA so designated shall be eligibl
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