United States Sixth Circuit

In a prosecution of defendants for drug charges, denial of defendants' motions to suppress evidence are reversed where the initial traffic stop was unlawful as a deputy did not have probable cause to stop defendants' vehicle since it was not reasonable to believe that a driver violated Tenn. Code Ann. section 55-8-123 by slowly changing lanes under the circumstances described.

Appellate Information

• Decided 12/22/2008
• Published 12/22/2008

Judges

• Before MERRITT, MOORE, and COLE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  C. Eugene Shiles, Spears, Moore, Rebman & Williams, Chattanooga, Tennessee, Leonard M. Caputo, Phillips, Caputo & Brown, Chattanooga, Tennessee, for Appellants.  Robert C. Anderson, Perry H. Piper, Assistant United States Attorneys, Chattanooga, Tennessee, for Appellee.   ON BRIEF:  C. Eugene Shiles, Spears, Moore, Rebman & Williams, Chattanooga, Tennessee, Leonard M. Caputo, Phillips, Caputo & Brown, Chattanooga, Tennessee, for Appellants.  Robert C. Anderson, Assistant United States Attorney, Chattanooga, Tennessee, for Appellee.