Court of Criminal Appeals of Tennessee, Nashville
Session May 9, 2017
from the Circuit Court for Williamson County No. I-CR160221
Joseph Woodruff, Judge No. M2016-02272-CCA-R3-CD
Appellant, Steven David Catalano, entered a plea of nolo
contendere to driving under the influence (DUI), reserving a
certified question of law challenging whether a
be-on-the-lookout report (BOLO) issued by a Brentwood police
officer provided sufficient probable cause or reasonable
suspicion to justify a Franklin police officer's traffic
stop of the Appellant's vehicle. The State contends that
the question presented is not dispositive; therefore, this
court is without jurisdiction to consider the appeal. Upon
review of the record and the parties' briefs, we agree
with the State and conclude that the appeal must be
R. App. P. 3 Appeal as of Right; Appeal Dismissed
Christopher Collins, Nashville, Tennessee, for the Appellant,
Steven David Catalano.
Herbert H. Slatery III, Attorney General and Reporter;
Courtney N. Orr, Assistant Attorney General; Kim R. Helper,
District Attorney General; and Carlin Hess, Assistant
District Attorney General, for the Appellee, State of
McGee Ogle, J., delivered the opinion of the court, in which
Alan E. Glenn and Robert H. Montgomery, Jr., JJ., joined.
MCGEE OGLE, JUDGE
April 11, 2016, the Williamson County Grand Jury returned an
indictment charging the Appellant with DUI and DUI per se,
which is driving under the influence with a blood alcohol
content of .08% or greater. See Tenn. Code Ann.
§ 55-10-401(1), (2). Thereafter, on July 13, 2016, the
Appellant filed a motion to suppress evidence regarding his
seizure and the resulting blood alcohol test, arguing that
the officer did not have reasonable suspicion or probable
cause to justify the traffic stop.
suppression hearing, Officer Stan Boyd, Jr., with the
Brentwood Police Department testified that at 2:42 a.m. on
June 14, 2015, he was traveling southbound on Interstate 65
north of Concord Road when he saw a dark-colored sport
utility vehicle (SUV) cross the right and left sides of its
lane of travel multiple times. Officer Boyd saw no other
vehicles nearby and noticed nothing on the road to justify
the SUV's failure to maintain its lane of traffic.
Officer Boyd said that he was unable to stop the vehicle
because he was transporting someone to the Williamson County
Jail. When he was unable to find other Brentwood officers in
the area, he provided the Franklin Police Department's
dispatcher with "a description of the vehicle[, ] . . .
the tag information of the vehicle and the last direction of
traffic once it exited." Officer Boyd followed the SUV
until it took the eastbound Cool Springs Boulevard exit.
Officer Boyd said that he spoke with the Franklin Police
Department's dispatcher no later than 2:46 a.m.
Boyd said that he video recorded the SUV's erratic
driving. As the video was played for the court, Officer Boyd
explained what was transpiring on the video. Officer Boyd
said that the section of the interstate on which the SUV was
traveling had four lanes in each direction. The first lane
was identified as the far right lane, the second lane was
located to the left of the first lane, the third lane was to
the left of the second lane, and the high occupancy vehicle
lane was to the left of the third lane. The SUV was traveling
in the second lane. The video showed that the SUV crossed the
left "dashed line, " returned to the second lane,
drifted to the right twice, then drifted left and
"hover[ed]" in both the second and third lanes. The
SUV slowed then gradually increased its speed and drifted far
enough to the right that both passenger side tires were
completely over the line into the first lane. Officer Boyd
said that "half of the car [was] over both lanes."
The SUV continued to drift from side to side and did not
signal its lane changes. Officer Boyd said that the SUV
"put its right signal on at this point, drift[ed]
over, or ma[de] a lane change and then suddenly drift[ed]
back over a solid white line right in front of me with no
direction, " which forced the officer to decrease his
speed. The vehicle then took the eastbound exit onto Cool
Springs Boulevard. The video did not show the vehicle after
it left the exit ramp.
cross-examination, Officer Boyd said that as he was following
the Appellant's vehicle, he told the Franklin Police
Department's dispatcher "what I was observing, a
vehicle failing to maintain its lane multiple times, exiting
eastbound onto Cool Springs Boulevard, and the tag
number." Officer Boyd did not recall whether he told the
dispatcher if the SUV was a "dark color or black"
and thought he may have told the dispatcher that the SUV was
a Ford Explorer.
Officer Adam Cohen with the Franklin Police Department
testified that around 2:46 a.m., he was in the middle of a
traffic stop at the intersection of Interstate 65 and Cool
Springs Boulevard when he heard a BOLO from a Brentwood
police officer regarding a "possible intoxicated
driver" traveling southbound on Interstate 65 just south
of Moores Lane. Officer Cohen gave the person he had stopped
a "verbal warning" and let him go. He then drove
"westbound on Cool Springs Boulevard to get on to
southbound on Interstate 65" to look for the subject of
the BOLO. However, he made a "U-turn" when he heard
the Brentwood officer relay that the vehicle, a ...