State of Tennessee v. Justin Gibson

Case Number
M2012-02363-CCA-R3-CD

The Defendant, Justin Gibson, entered a guilty plea to driving under the influence, first offense. He agreed to a sentence of eleven months and twenty-nine days, all of which was suspended after seven days’ incarceration. As a condition of his guilty plea, the Defendant reserved a certified question of law challenging the warrantless search of his home as not justified by either consent or exigent circumstances. After a thorough review of the applicable law, we conclude that the officer’s entry into the Defendant’s home was supported by neither exigent circumstances nor as a part of the community caretaker function; therefore, the trial court erred when it denied the Defendant’s motion to suppress. Accordingly, we reverse the judgment of the trial court and dismiss the charge against the Defendant.

Authoring Judge
Judge D Kelly Thomas, Jr.
Originating Judge
Judge James G Martin, III
Case Name
State of Tennessee v. Justin Gibson
Date Filed
Dissent or Concur
No
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