State v. Cooke
| Decision Date | 31 January 2019 |
| Docket Number | No. M2017-01947-CCA-R3-CD,M2017-01947-CCA-R3-CD |
| Parties | STATE OF TENNESSEE v. NATHAN TODD COOKE |
| Court | Tennessee Court of Criminal Appeals |
Appeal from the Circuit Court for Van Buren County
The Defendant, Nathan Todd Cooke, was convicted by a Van Buren County Circuit Court jury of two counts of driving under the influence, a Class A misdemeanor. See T.C.A. § 55-10-401 (2017). The trial court merged the convictions and sentenced him to eleven months, twenty-nine days, with ten days to be served in jail and the balance on probation. On appeal, the Defendant contends that the trial court erred in denying his motion to suppress and that the admission of the blood alcohol test result was plain error. We affirm the judgment of the trial court.
Matthew S. Bailey (at trial and on appeal), Spencer, Tennessee; and Brandon S. Griffin (at trial), Sparta, Tennessee, for the appellant, Nathan Todd Cooke.
Herbert H. Slatery III, Attorney General and Reporter; Alexander C. Vey, Assistant Attorney General; Lisa Zavogiannis, District Attorney General; Daniel Julian, Assistant District Attorney General, for the appellee, State of Tennessee.
OPINIONThe Defendant's convictions relate to a police officer's encounter with the Defendant on November 8, 2015. The officer observed the Defendant on foot with a motorcycle parked nearby on the side of the road and stopped to determine if the Defendant needed assistance. During the stop, the officer noticed the odor of alcohol. The Defendant performed poorly on field sobriety tests and was arrested. A blood sample was drawn after the arrest, and testing by the Tennessee Bureau of Investigation (TBI) revealed that the Defendant had a 0.21 gram percent blood alcohol level.
The Defendant filed a motion to suppress the evidence resulting from the roadside search and seizure. At the hearing on the motion, the trial court viewed a video recording of the encounter between Tennessee Highway Patrol (THP) Sergeant Jimmy Jones and the Defendant. In the recording, Sergeant Jones's car traveled on a four-lane, divided highway with a grass median and came upon a motorcycle parked on the inside shoulder near the yellow line which separated the left shoulder from the roadway. An SUV was stopped on the wider right emergency shoulder. Both the motorcycle's and the SUV's hazard lights were flashing. The Defendant was on foot walking away from the motorcycle as Sergeant Jones approached, and the Defendant waved his hands outward to waist height and immediately lowered them to his side. The Defendant turned to walk toward Sergeant Jones's patrol car. As the Defendant walked toward the car, he took off his sunglasses and placed them on his head. The reflection of blue lights on the roadway can be seen as Sergeant Jones drove near the Defendant. Sergeant Jones approached the motorcycle from behind and passed it on its left, meaning he was closer to the center grass median than the motorcycle. When he drove toward the Defendant, Sergeant Jones was on the left near the median and the Defendant was on the left paved shoulder near the roadway. The SUV can be seen on the right shoulder, backing up toward Sergeant Jones and the Defendant. In a conversation that takes place off camera, Sergeant Jones asked the Defendant if he had been drinking, and the Defendant said he had not. The Defendant's girlfriend told Sergeant Jones, however, that the Defendant had been drinking "a little bit", that she had been following the Defendant, that the Defendant was "fine," and that "it's not that bad." She said they had driven back to get the Defendant's helmet. Although the participants cannot be seen on camera during this conversation, later footage shows Sergeant Jones walking to the left shoulder and the SUV pulling forward, suggesting that the participants had been on the right shoulder near the SUV during the conversation. Sergeant Jones administered field sobriety tests to the Defendant and placed the Defendant under arrest for DUI. The recording reflects that several cars drove past the scene during the relevant events.
Sergeant Jones testified that on the afternoon of November 8, 2015, he was driving to White County. As he traveled through Van Buren County, he rounded the curve and saw the Defendant dismount a motorcycle and begin walking. He acknowledged that this could not be seen in the video recording from his patrol car. Sergeant Jones said that as he finished coming through a curve, he saw the motorcycle "with the flashers on sitting just almost on the yellow line to the inside shoulder." He further explained that this was on the left side of the roadway. Sergeant Jones said a small SUV was parked on the right shoulder beyond the motorcycle. He said that in accord with THP policy regardingstopped vehicles, he stopped to offer assistance. He agreed that he had no suspicion of criminal activity initially and said he stopped solely to determine if he could offer assistance. He said he still would have stopped if only one vehicle had been stopped. He said he stopped near the motorcycle because it was closest to him and was in the more dangerous position of the two stopped vehicles. He agreed that, "[a]t some point," he activated his blue lights "[b]ecause of being on the inside left shoulder." He said he parked in front of the motorcycle. He described the road as a divided, four-lane highway with a speed limit of sixty-five miles per hour. He said that other vehicles were using the road at the time.
Sergeant Jones testified that as he stopped, he saw the Defendant walking away from him and the motorcycle. Sergeant Jones said that he went to the left side of the motorcycle and that the Defendant saw him and came back to Sergeant Jones's passenger-side window. Sergeant Jones said the Defendant threw up his hands when he saw Sergeant Jones. Sergeant Jones agreed that he had activated his blue lights by this time. He said he activated the blue lights for the safety of himself and the other individuals present and that he did not seize the Defendant. He said that this use of blue lights was in accord with standard operating procedures, although he acknowledged that he had, on occasion, parked in a "crossover" without using his blue lights.
Sergeant Jones testified that he asked the Defendant if the Defendant was okay and that the Defendant stated his helmet had blown off. Sergeant Jones said he stepped out of his car, walked to the Defendant, and asked the Defendant where he had been. Sergeant Jones said the Defendant stated he had been at Applebee's in McMinnville. Sergeant Jones said he smelled alcohol on the Defendant but was unsure whether he smelled it when seated in the car or when he was standing near the Defendant, although he thought it was after he was outside the car. Sergeant Jones said the Defendant initially denied but later admitted having an alcoholic drink at Applebee's. Sergeant Jones was unable to specify how much time elapsed before he smelled alcohol while he spoke with the Defendant, but he said, "It wasn't long."
Sergeant Jones testified that he learned during the encounter that the Defendant's girlfriend, Rita Faye Lee, was in the SUV. Sergeant Jones said that Ms. Lee owned the motorcycle. He said that he approached Ms. Lee to ascertain "her role in this." He said she stated that she and the Defendant had been at the Eagles Club at Rock Island and that "they were in a domestic [sic] due to him talking to another female." Sergeant Jones said that Ms. Lee had the Defendant's helmet and that she stated she had stopped to pick it up. Sergeant Jones said he was familiar with the Eagles Club and knew they served alcohol.
Sergeant Jones testified that when he smelled alcohol, he began taking more notice of the Defendant's actions. Sergeant Jones said the Defendant was unsteady on his feet,had slurred speech, was argumentative, had "really red" eyes, and had been involved in a dispute with his girlfriend.
Sergeant Jones acknowledged that The Landing restaurant was "further up on the right" from where the Defendant parked, but when asked if the restaurant was approximately one third of one mile away, he stated he had never measured the distance. When asked about the time of the encounter, Sergeant Jones said that his "tow slip" was written at 4:50 p.m. and that the initial encounter would have been shortly beforehand. He said that nightfall occurred before he left the scene.
After receiving the proof, the trial court denied the motion to suppress. The case proceeded to trial, and the jury convicted the Defendant of two counts of DUI, which the court merged.
Because this court may consider the trial evidence, as well as the evidence presented at the motion to suppress, we will recount the trial evidence that is relevant to the suppression issue. See State v. Henning, 975 S.W.2d 290, 297-99 (Tenn. 1998); see also State v. Williamson, 368 S.W.3d 468, 473 (Tenn. 2012).
Sergeant Jones testified at the trial that the video recording equipment in his patrol car had activated at the same time as his blue lights. He said that when the recording equipment activated, it had the capability of recording what had occurred for the previous thirty seconds. He said he saw a motorcycle with flashing lights, an SUV on the right shoulder, and a person dismount a motorcycle. He acknowledged he could not identify the person he saw dismounting the motorcycle but said he never lost sight of the person and was able to identify the person as the Defendant when Sergeant Jones was closer. Sergeant Jones said he was about 500 yards from the motorcycle when he first saw it. He said he did not turn on his blue...
To continue reading
Request your trial