State v. Crutcher

OPINION

BARKER, J.

This is an appeal by the State of Tennessee from the judgment of the intermediate appellate court affirming the suppression of evidence in the trial court below.1 The sole issue is whether the warrantless police search of the appellee’s motorcycle violated his rights guaranteed by the Fourth Amendment of the United States Constitution and Article I, section 7 of the Tennessee Constitution.

The State contends that the suppression of evidence was improper because the search in question was incident to a lawful arrest. For the reasons that follow, we conclude that the *298appellee,…