State of Tennessee v. Bobby Jay Fuqua, M2016-00426-CCA-R3-CD

On Feb. 12, 2015, Corporal Michael Lloyd saw Defendant Bobby Jay Fuqua standing by his truck in a well-lit car-wash parking lot with his hands near his groin and shoulders bent forward—a posture the officer interpreted as urinating.
Lloyd made a U-turn, returned, and testified he then observed a large mass of fluid flowing from where the man had stood toward the street.
As Lloyd pulled into the lot he activated his patrol car’s blue lights and approached; video recorded the encounter in which Fuqua admitted the fluid was from his bladder and later performed poorly on field sobriety tests.
Fuqua was arrested for DUI; he moved to suppress, arguing the seizure was unlawful because the officer lacked reasonable suspicion/probable cause when he activated the lights.
The trial court denied the motion to suppress, finding Lloyd had reasonable suspicion that Fuqua was committing public indecency (public excretory function).
Pursuant to a plea agreement reserving a certified question of law, Fuqua pleaded guilty to DUI (fourth offense) and appealed whether the seizure was supported by reasonable suspicion.

Issue	State's Argument	Fuqua's Argument	Held
Whether officer had reasonable suspicion to seize when he activated blue lights	Officer observed subject in a urination posture and later saw fluid flowing from that spot, supporting reasonable suspicion of public indecency	Officer argues officer did not actually see urination or exposed genitals before activating lights and inconsistencies undermine reasonable suspicion	Court held officer had reasonable suspicion based on totality: posture + observed fluid before lights justified seizure

Terry v. Ohio, 392 U.S. 1 (establishes reasonable suspicion standard for investigatory stops)
Whren v. United States, 517 U.S. 806 (officer must have probable cause or articulable reasonable suspicion for warrantless traffic stops)
State v. Northern, 262 S.W.3d 741 (deference to trial court fact findings in suppression review)
State v. Brotherton, 323 S.W.3d 866 (application of reasonable suspicion in Tennessee stops)
State v. Williams, 185 S.W.3d 311 (discusses when activation of lights constitutes a seizure)