State vs. Tracy L. Fry

Tracy Fry, the Defendant and Appellant, pled guilty to driving under the influence, second offense. With the State's and trial court's agreement, however, she specifically reserved the right to appeal a dispositive question of law pursuant to Tenn. R. Crim. P. 37(b)(2)(1). The issue reserved for review is whether Officer Kyte "had reasonable suspicion based on specific and articulable facts, to approach and subsequently seize the defendant leading to the arrest of the defendant." We conclude that the initial encounter between Officer Kyte and the Defendant was not a seizure, that the encounter provided reasonable suspicion sufficient to justify an investigatory detention of the Defendant, and that sufficient probable cause to arrest the Defendant developed during the course of the brief investigatory detention. Thus, the judgment of the trial court is affirmed.