State of Tennessee v. Triston Lee Harris - Dissenting

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs July 17, 2007 STATE OF TENNESSEE v. TRISTON LEE HARRIS Appeal from the Circuit Court for Lawrence County No. 25348 Jim T. Hamilton, Judge No. M2006-01532-CCA-R3-CD - Filed February 6, 2008 JOSEPH M. TIPTON , P.J., dissenting. I respectfully dissent from the conclusion that probable cause did not exist for the search of the defendant. I would hold that the canine’s positive alert on the defendant’s car provided the authorities with probable cause to search the defendant, the car’s driver. I believe United States v.…