State v. Milliken11/23/2005
This case is submitted to us upon a stipulation of facts as to what transpired prior to the Defendant's arrest. We here repeat the salient portions of that document:
On or about July 16, 2003, Defendant was operating his motor vehicle along that portion of Highway 231 North in Shelbyville, Bedford County, Tennessee, known as North Main Street, in a northerly direction, or towards Murfreesboro. When he stopped his vehicle at the intersection of North Main Street and Colloredo Boulevard/Fairfield Pike, he was joined at the traffic signal, albeit in the other lane, by Officer Tracey Nelson with the Shelbyville Police Department. That, at the time of this occurrence, Defendant was enjoying music coming from the radio contained in his motor vehicle, and, while this Defendant did not consider the music to be unreasonably loud, disturbing or unnecessary, Officer Nelson apparently had a different perception respecting what she was hearing.
At any rate, as this Defendant pulled through and away from the intersection, upon being properly permitted so to do by the changing of the traffic control device, Officer Nelson pulled her vehicle into Defendant's lane of traffic and immediately behind his vehicle. After traveling only a short distance in front of what is now the new Kroger store, Officer Nelson activated her blue lights indicating that she was initiating a traffic stop of Defendant's vehicle. At that point, Defendant traveled to the first available area along North Main Street where he could safely pull his vehicle over, there being at the time massive construction in connection with the building of the new Kroger store, which safe location was the parking lot of Elite Physical Therapy and Rehabilitation Service, 1114 North Main Street, Shelbyville, Tennessee. After Defendant brought his vehicle to a stop in the parking lot, Officer Nelson stopped her vehicle and exited the same, walking in the direction of Defendant's vehicle. At that point, Defendant rolled down his window and inquired of Officer Nelson why he was being stopped. Officer Nelson replied to the Defendant that she had stopped him for "a violation of the noise ordinance," and, quite frankly, matters deteriorated from that point.
Specifically, Officer Nelson was joined at the scene by several other members of the Shelbyville Police Department, including Patrolman Chris Jones, Patrolman Cody King and Patrolman Tim Fox. When this occurred, there was an exchange of dialogue between this Defendant and Officer Nelson and the other officers, which exchange precipitated Officer Nelson's instructing this Defendant to exit his vehicle, apparently suspecting this Defendant of having consumed an alcoholic beverage. Upon exiting his vehicle, Defendant was requested to perform field sobriety tests, which he refused to do, at which time attempts were made to place Defendant under arrest. According to the officers, Defendant resisted, and a scuffle with the officers ensued. After being subdued, Defendant was placed under arrest. Following this arrest, a search incident to arrest was made of Defendant's vehicle, at which time various items of contraband were allegedly seized, all resulting in Defendant being charged with the following: Disorderly Conduct; Resisting Arrest; Driving Under the Influence , First Offense; Open Container; Possession of Schedule VI for Resale; Possession of Schedule II, and Possession of Drug Paraphernalia. Further, according to Officer Nelson, Defendant was offered a blood alcohol content test, which was also allegedly refused by him, and Defendant was then charged with a violation of Implied Consent.
The Defendant subsequently filed a motion to suppress "from use as evidence against him an
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