State v. Day

WILLIAM C. KOCH, JR., J.,

dissenting in part.

The State of Tennessee filed its Tenn. R.App. P. 11 application in this case to determine whether Tennessee recognizes the “community caretaking” exception to the requirement that police officers have at least reasonable suspicion when they make a traffic stop. I agree with the Court’s conclusion that we cannot address this question because it is beyond the scope of the legal issue certified to this Court in accordance with Tenn. R.Crim. P. 37(b)(2). Rather than dismissing the appeal as being improvidently granted, the Court has decided to determine…