State of Tennessee v. Malik Hardin - dissenting opinion

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 likelihood that the offense would continue or resume . . . .” See Tenn. Code Ann. 40-7-118(c)(2). Because I do not believe that exception was properly applied in this case, I have concluded that the Defendant was subjected to a custodial arrest in violation of Tennessee Code Annotated 40-7-118(b)(1). Accordingly, I would not reach the Defendant’s second issue challenging the legality of the search of his vehicle following his arrest.