State v. Crutcher

IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE (HEARD AT CLARKSVILLE) FILED April 12, 1999 STATE OF TENNESSEE, ) FOR PUBLICATION Cecil Crowson, Jr. ) Appellate Court Clerk Plaintiff-Appellant, ) Filed: April 12, 1999 ) v. ) SUMNER CRIMINAL ) BOBBY CRUTCHER, ) Hon. Jane Wheatcraft, ) Judge ) Defendant-Appellee. ) ) ) No. 01S01-9804-CR-00081 ) DISSENTING OPINION I respectfully dissent from the majority’s decision in this case. In my view, the appellee had been arrested at the time his motorcycle was searched; therefore, the search was valid as incident to a lawful arrest. Even assuming,…