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State v. Groom3/27/2003
The defendant pled guilty to driving under the influence , first offense. The trial court imposed a sentence of eleven months and twenty-nine days and ordered forty-eight hours to be served in incarceration with the balance served on probation. Pursuant to the plea agreement, the defendant properly reserved the following certified question of law:
Whether the Defendant was subject of an unlawful arrest and/or seizure by Metro police (in violation of his rights pursuant to the Fourth and Fourteenth Amendments to the United States Constitution and Article I, Section 7 of the Tennessee Constitution) on the evening of April 29, 2001, when he was required to wait at the scene of a minor property damage accident for at least 27 minutes until an officer could arrive to investigate the accident. See Tenn. R. Crim. P. 37(b)(2)(i).
I. SUPPRESSION HEARING
Officer Geoffrey Thied testified that on April 29, 2001, he was working for the Metro Police Department and AmSouth Amphitheater in a traffic control position and was officially on duty while working for AmSouth. He stated that at approximately 11:00 p.m., while directing traffic leaving a concert at the amphitheater, he heard screeching tires and "metal contact." He observed a white vehicle had struck a bluish-green vehicle. The officer stated he checked on the female occupants of the bluish-green vehicle, and they were not injured.
Officer Thied testified that when he approached the white vehicle, the defendant, the driver of the vehicle, rolled down his window, and the officer could smell the odor of alcohol emitting from inside the vehicle. The officer stated he obtained the license and registration of the driver of each vehicle. The officer told the defendant not to put anything in his mouth because he believed the defendant may have been drinking.
Officer Thied testified that while the occupants of the vehicles surveyed the damage, he contacted the dispatcher to report the accident and requested the presence of an investigating officer. The officer stated he radioed the dispatcher approximately three to five minutes after the accident occurred. He further stated Officer Timothy Reid arrived twenty-five to thirty minutes later. Officer Thied testified he handed Officer Reid the licenses and registrations he had collected. He told Officer Reid the white vehicle had struck the bluish-green vehicle, and he smelled alcohol on the defendant.
Officer Thied testified he did not administer field sobriety tests upon smelling the alcohol on the defendant because he had to direct traffic to ensure no one would strike the vehicles, which were located in a hazardous position. He explained a concert had just ended and described the traffic on the road as "medium to heavy." The officer opined it would have been too dangerous to conduct the field sobriety tests during that time due to the high level of traffic.
Officer Timothy Reid testified he received information from the dispatcher regarding a vehicle accident without injuries and responded to the scene. Officer Reid testified that according to the accident report, the accident occurred at approximately 11:08 p.m., and he arrived at the scene at approximately 11:35 p.m. Officer Reid testified that upon arriving at the scene of the accident, he spoke to the parties, and the defendant admitted he was driving the white vehicle. The officer observed that the defendant's eyes were watery and bloodshot, and his speech was slurred. He further stated the defendant had to brace himself against his vehicle to maintain his balance. The officer believed the defendant was intoxicated and instructed the defendant to sit in the back of his patrol
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