State of Tennessee v. Malik Hardin - dissenting opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE January 22, 2015 Session STATE OF TENNESSEE v. MALIK HARDIN Appeal from the Criminal Court for Knox County No. 101617A Bob R. McGee, Judge No. E2014-00873-CCA-R3-CD – Filed June 12, 2015 D. KELLY THOMAS, JR., dissenting. I respectfully disagree with the majority’s conclusion that the Defendant’s custodial arrest for criminal trespass was proper. The Defendant was arrested for criminal trespass based on the exception to the cite and release statute that allows for a custodial arrest for a misdemeanor when “[t]here is a reasonable…