State of Tennessee v. James David Moats

While on routine patrol in the early hours of the morning, a police officer observed a pick-up truck parked in a shopping center lot. Because the truck’s headlights were turned on, the officer drove into the lot, stopped her patrol car directly behind the truck, and activated her blue lights. Although the officer had seen no indication of criminal activity or distress, she approached the truck, observed a beer can in a cup holder inside, and found the defendant in the driver’s seat with the keys in the ignition. When she determined that the defendant had been drinking, he was arrested and later convicted for his fourth offense of driving under the influence. The Court of Criminal Appeals reversed the conviction, holding that the defendant was seized without either probable cause or reasonable suspicion. While we acknowledge that the activation of blue lights will not always qualify as a seizure, the totality of the circumstances in this instance establishes that the officer seized the defendant absent probable cause or reasonable suspicion and was not otherwise acting in a community caretaking role. The judgment of the Court of Criminal Appeals is affirmed, the conviction is reversed, and the cause dismissed.