State of Tennessee v. Grady Paul Daverson
Docket: E2003-00596-CCA-R3-CD
Court: Court of Criminal Appeals of Tennessee; December 19, 2003; Tennessee; State Appellate Court
Original Court Document: View Document
Grady Paul Daverson was convicted of driving under the influence (DUI), classified as a fourth or subsequent offense, in Tennessee. He appealed, arguing that his arrest was illegal and that the trial court should have suppressed the evidence against him. The appellate court affirmed the trial court's judgment. On March 15, 2000, Deputy Tracy Roberson observed Daverson walking unsteadily and driving erratically in a parking lot. After following him to his apartment, Deputy Roberson detected alcohol on Daverson's breath, and Daverson admitted to drinking. Officer Marc Bender, who responded to Roberson's request, noted Daverson was out of his vehicle upon arrival and confirmed the signs of intoxication, leading to Daverson's arrest. A blood alcohol test revealed a level of .31 percent. Daverson's motion to suppress the evidence based on the claim that Officer Bender did not directly observe him driving or in control of the vehicle was denied. The appellate court reviewed the trial court's factual findings under a standard that binds them unless contradicted by preponderant evidence, while legal applications of the facts were reviewed de novo. In Tennessee, warrantless misdemeanor arrests are permitted only if the offense occurs in the officer's presence, although reliance on information from fellow officers may satisfy this requirement. The court upheld that the arrest was valid based on the observations and interactions of Deputy Roberson and Officer Bender. An officer can rely on reliable information from another officer without violating the statute meant to prevent harassment and baseless arrests. In this case, Officer Bender did not witness the defendant's actions directly but acted on Deputy Roberson’s observations of the defendant driving erratically while intoxicated. Officer Bender corroborated this with his own observations suggesting the defendant had been drinking. Deputy Roberson's credible information satisfied the statutory requirement that a misdemeanor be witnessed by the arresting officer. Additionally, Deputy Roberson had the authority to arrest the defendant as an off-duty officer, which aligns with Tennessee law permitting private citizens to arrest for misdemeanors observed in their presence. The trial court's judgment is affirmed.