Assigned on Briefs December 9, 2015
Remanded by the Supreme Court November 22, 2016
Appeal from the Criminal Court for Shelby County No. 1400109
W. Mark Ward, Judge
Defendant, Christopher Wilson, filed a Rule 9 interlocutory
appeal seeking our review of the trial court's denial of
his motion to suppress evidence. The Defendant filed a motion
to suppress the results of his blood alcohol test based upon
a violation of Missouri v. McNeely, 133 S.Ct. 1552
(2013). The trial court conducted an evidentiary hearing and
found that a "good faith exception" to the
Defendant's forced blood draw existed and denied the
Defendant's motion. The Defendant filed an application
for an interlocutory appeal, which the trial court granted.
On appeal, the Defendant contended that the trial court erred
when it denied the Defendant's motion to suppress based
upon a "good faith exception" to the exclusionary
rule. After review, we concluded that the trial court erred
when it denied the Defendant's motion to suppress
because, at that time, there was not a good faith exception
to the exclusionary rule. State v. Christopher
Wilson, W2015-00699-CCA-R9-CD, 2016 WL 1627145, at *1
(Tenn. Crim. App., at Jackson, April 21, 2016). On November
22, 2016, the Tennessee Supreme Court granted Defendant's
application for permission to appeal and remanded the case to
this court for reconsideration in light of the supreme
court's recent opinion in State v. Reynolds, 504
S.W.3d 283 (Tenn. 2016). Upon reconsideration in light of
Reynolds, we conclude that the officer acted with
reasonable good-faith reliance on binding precedent in effect
at the time. Accordingly, we reinstate and affirm the trial
court's denial of the Defendant's motion to suppress.
R. App. P. 9 Interlocutory Appeal; Judgment of the Criminal
Cox, Collierville, Tennessee, for the appellant, Christopher
Herbert H. Slatery III, Attorney General and Reporter; Rachel
E. Willis, Senior Counsel; Amy P. Weirich, District Attorney
General; and Michael R. McCusker, Assistant District Attorney
General, for the appellee, State of Tennessee.
W. Wedemeyer, J., delivered the opinion of the Court, in
which Alan E. Glenn, J., joined. Thomas T. Woodall, P.J.,
concurs in results only in a separate opinion.
W. WEDEMEYER, JUDGE.
case arises from a traffic stop in Collierville, Tennessee.
After observing a traffic violation, Collierville Police
Lieutenant John Banks conducted a traffic stop resulting in
the Defendant's arrest for driving while under the
influence. A search of the Defendant's vehicle incident
to his arrest revealed marijuana and marijuana cigarettes.
The Defendant refused to consent to a breath or blood test
and the police officer ordered blood to be drawn despite the
refusal. As a result of this stop, a Shelby County grand jury
indicted the Defendant for possession of marijuana with the
intent to sell, possession of marijuana with the intent to
deliver, driving while under the influence of an intoxicant,
driving while blood alcohol concentration was more than .08%,
driving while under the influence of marijuana, driving while
under the influence of an intoxicant and marijuana combined,
and reckless driving. The indictments also reflected that the
Defendant had prior convictions on March 11, 2008, and
January 24, 1995, for driving while under the influence.
Defendant filed a motion to suppress the results of the blood
alcohol concentration (BAC) test. The Defendant, relying on
Missouri v. McNeely, 133 S.Ct. 1552 (2013), asserted
that the forced blood draw taken absent a warrant, valid
consent, or exigent circumstances violated his Fourth
Amendment right against an unreasonable search and seizure.
The State responded that the warrantless blood draw was
justified by exigent circumstances and by the implied consent
statute. The State later amended its response contending that
the "Good Faith Exception to the Exclusionary Rule"
should apply in this case.
suppression hearing on the Defendant's motion, the
parties presented the following evidence: John Banks, a
Collierville Police Department lieutenant, testified that, on
June 17, 2012, at around 6:39 p.m., he observed the Defendant
driving a white Ford pickup traveling westbound on Maynard
Way. Lieutenant Banks stated that he knew the Defendant from
a prior DUI arrest and, also, the two men had previously
worked together at an electrical company. Lieutenant Banks
recalled that he was directly behind the Defendant's
vehicle, which was stopped at a traffic signal. Lieutenant
Banks testified that the Defendant made a wide right turn
from the right-hand traffic lane on Maynard Way into the
left-hand northbound traffic lane of Byhalia Road in
violation of Tennessee Code Annotated section 55-8-140.
Lieutenant Banks conducted a traffic stop of the Defendant
based upon this alleged violation.
Banks testified that he approached the vehicle and noticed a
"very strong" odor of intoxicant on the
Defendant's breath and coming from inside the vehicle.
Lieutenant Banks said that the Defendant's eyes were
bloodshot and glassy. He noticed that the Defendant mumbled
when he spoke, unlike his normal speech. Based upon his
observations, Lieutenant Banks believed the Defendant was
under the influence of an intoxicant and further
investigation was necessary. Following the standardized field