Legal Opinion

State of Tennessee v. Robert H. Harper, Jr.

Court of Criminal Appeals of Tennessee

Decided April 6, 2000No. W1999-00492-CCA-R3-CDPublishedCited by 3 opinions

1Opinion of the Court 1

OPINION

2Opinion of the Court · TiptonTipton, J.

WELLES, J., and LAFFERTY, Sr.J., joined.

The defendant, Robert H. Harper, Jr., appeals upon a certified question of law his conviction in the Hardin County Circuit Court for felonious possession of marijuana for which he received a three-year sentence as a Range I, standard offender and a fine of five thousand dollars. The defendant asserts that the stop of his vehicle was not based upon reasonable suspicion and that the subsequent warrantless search was unlawful. We conclude that the stop and search were improper, and we reverse the judgment of conviction and dismiss the case.

The…

3Cases cited18 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Aguilar v. TexasSupreme Court of the United States · 1964
  3. Spinelli v. United StatesSupreme Court of the United States · 1969
  4. United States v. CortezSupreme Court of the United States · 1981
  5. Alabama v. WhiteSupreme Court of the United States · 1990

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4Cited by3 opinions

  1. State of Tennessee v. Charles Jackson, Jr.Court of Criminal Appeals of Tennessee · 2004
  2. State of Tennessee v. Charles R. PalmquistCourt of Criminal Appeals of Tennessee · 2003
  3. Zachary Gentry v. State, Texas Court of Appeals, 6th District (Texarkana)2006

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