Appellate Court Case Highlights
Select Year of Case:
State of Tennessee v. Eric Berrios
Mr. Berrios was stopped by the drug interdiction task force. His car was
searched and seven kilograms of cocaine were found. He was facing 15 to
25 years in jail. A motion to suppress evidence from the stop was filed
and heard in the trial court over a three day period. The trial judge
ordered the cocaine suppressed.
The prosecution appealed. The Court of Criminal Appeals heard argument
by counsel and affirmed the trial court’s ruling, labeling the
officer’s “frisk and set” conduct as constitutionally unreasonable. This
ruling struck at the very heart of the protocol used by the interdiction
unit. The case is now before the Tennessee Supreme Court and is one of
the most important cases of the last decade regarding automobile stops
and searches.