Hughes v. State

OPINION

HENRY, Justice.

This is a search and seizure case arising under the Fourth Amendment to the Constitution of the United States and Article I, Section 7 of the Constitution of the State of Tennessee. More specifically it involves what has become known as a “stop and frisk” or Terry stop. Defendant was convicted of the possession of marijuana for the purpose of resale, with a sentence of eleven (11) months and twenty-nine (29) days plus a fine of $3,000.00. The Court of Criminal Appeals, in a split decision, affirmed the opinion. For the reasons discussed herein, we reverse.

I

Procedural…