State of Tennessee v. Perry Thomas Randolph

The State appeals from the Putnam County Criminal Court’s order granting the Defendant’s motion to suppress. The Defendant, Perry Thomas Randolph, was charged by indictment with one count of theft, one count of aggravated assault, one count of burglary, and one count of resisting arrest.  The Defendant filed a motion to suppress, challenging his initial stop and seizure by the police. The trial court found the Defendant’s seizure illegal because it failed to meet the minimal requirements of Terry v. Ohio. After review, we find it unnecessary to examine the issue of whether the officer had sufficient articulable facts to justify stopping the Defendant because we find no such stop occurred. The judgment of the trial court is reversed and the case remanded for further proceedings in accordance with this opinion.