State of Tennessee v. Terry Lamont Bowden

The Defendant, Terry Lamont Bowden, appeals his jury conviction for possession of marijuana with the intent to sell or deliver. On appeal, the Defendant challenges the trial court’s denial of his motion to suppress the evidence obtained during the search of his vehicle, arguing that the drug-sniffing dog’s “body language changes,” as testified to by the officer handler, were insufficient to establish probable cause. He also argues that his absence at the initial suppression hearing violated Rule 43 of the Tennessee Rules of Criminal Procedure and his constitutional right to be present at trial. After a thorough review of the record and the applicable authorities, we conclude that the State failed to establish that the search of Defendant’s vehicle was supported by probable cause and that the case should, therefore, be reversed. Accordingly, the Defendant’s conviction is vacated, and the possession charge is dismissed.