State of Tennessee v. Maron Donta Brown - Dissenting

Case Number
E2006-01038-CCA-R3-CD

I believe Appellant in this case gave a valid consent for Trooper Hoppe to conduct a general search of Appellant’s car. I am also in agreement that in doing so Appellant consented for Hoppe to “at least touch items, including locked or sealed packages, contained within the vehicle.” However, the majority notes and rightfully so that this consent did not extend to tearing open a sealed package within the car. The majority sanctions Hoppe’s having done so on the basis of his testimony that he was trained in drug interdiction and that upon feeling a closed, heavily-taped cardboard or pasteboard box he was able to immediately recognize the contents as a “brick” of cocaine. With this last crucial bit of information along with the other circumstances of the stop, the majority concludes Hoppe had probable cause to open the package and discover the cocaine within.

Authoring Judge
Judge Jerry L. Smith
Originating Judge
Judge R. Steven Bebb
Case Name
State of Tennessee v. Maron Donta Brown - Dissenting
Date Filed
Dissent or Concur
This is a dissenting opinion
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