A man who was convicted for his third offense of driving on a suspended license thought probable cause failed to exist when he was also charged with possession of a weapon by a convicted felon, and theft over $500. The case recently went to the Supreme Courts of Tennessee.

Michael Crockett was originally stopped by Murfreesboro Police in 2013 when Officer Chris Phillips noticed Crockett was not wearing a seat belt and the taillights of the truck were covered. When Crockett handed Phillips his drivers license, he was said to be "Shaking." When the officer asked Crockett if there was anything illegal in his truck he replied, "If he had any illegal items, they would be under the hood of his vehicle."

When the MPD Officer opened the hood he found an empty box. Crockett then told police that is where he usually kept a firearm and marijuana. Officer Phillips then asked for permission to search the car and Crockett said no. Other officers then showed up and a K9 conducted an "Air sniff" on the vehicle. The dog quickly alerted to the odor of narcotics by scratching on the passenger side door.

Police then made their way into the truck where they found a loaded handgun. Crockett told police the gun was for his protection, even though he had a past conviction for "Facilitation of First Degree Murder," which is a felony. Felons are not allowed to go armed in Tennessee.

Despite Crockett's plea to suppress evidence while suggesting the stop was in someway unlawful, the courts did not agree. Court documents show, "The Court finds the stop was lawful and not unreasonable in length given the totality of the circumstances and therefore the motion is denied."

The application filed by Crockett was denied from moving forward this month in the Tennessee Supreme Court.

Source:

TN Supreme Court Discretionary Appeals List
Original Court Case Number M2013-02744-CCA-R3-CD