State v. Bryant

JOHN D. TEMPLETON,

Special Judge, dissenting.

I respectfully dissent because I am unable to agree the offense was committed in the “presence” of the arresting officer within the meaning of T.C.A. 40-7-103(1). In my opinion the evidence against appellant was the fruit of an unlawful warrant-less arrest. I would reverse and dismiss.

I will restate briefly the relevant facts. Trooper John Savage detected by radar a motor vehicle approaching Manchester in the westbound lane of Interstate 24 at a speed of 110 miles per hour. He pursued the speeding vehicle along the Interstate into Manchester and off…