State of Tennessee v. Robert Lamar Kellery, M2016-01425-CCA-R3-CD

Background

Police narcotics investigation (DEA/TBI/local task force) received repeated tips from a confidential informant that Kelley and co-defendant Haddock trafficked marijuana and used a Dowelltown residence as a "stash house." A prior October 2011 search of their Old Hickory residence yielded ~44–47 lbs. of marijuana.
Detectives installed a GPS tracker on Kelley’s Ford Ranger and monitored his movements. On June 20, 2012, Powers observed Kelley traveling toward/near Dowelltown and then east on I-40; Powers reported Kelley was driving 78 mph in a 70 zone.
Detective Powers relayed the GPS/suspect information to officers in Lebanon and asked an officer (Toporowski) to stop the truck and try to develop probable cause; Toporowski performed the stop at mile marker 235 but did not personally observe the speeding.
During the stop officers checked IDs, had Kelley step out, conducted pat-downs (Kelley disclosed a knife and produced nearly $6,000), and asked for consent to search the truck; Kelley gave an ambiguous but credited consent, and officers searched the vehicle.
Officers opened a locked toolbox in the truck bed (using a key from Kelley’s keyring, according to officers) and discovered ~11 pounds of marijuana; Kelley moved to suppress, trial court denied the motion, and Kelley pleaded guilty reserving certified questions on the stop and search.

Issues

Issue	Plaintiff's Argument (State)	Defendant's Argument (Kelley)	Held
Whether the initial stop was supported by reasonable suspicion of drug trafficking	Collective knowledge of detectives and corroborated informant tip gave reasonable suspicion to stop for narcotics; Powers’ GPS observations were imputed to the stopping officer	Informant was unreliable / tip stale; GPS warrant did not reference Dowelltown; stop amounted to a "hunch"	Stop was lawful; informant found reliable, collective knowledge imputed Powers’ suspicion to Toporowski, supporting the stop
Whether the stop was supported by reasonable suspicion or probable cause for speeding	Powers’ GPS showed 78 mph; sharing that information gave Toporowski probable cause or at least reasonable suspicion to stop for speeding	No officer personally observed speeding; GPS records were destroyed so speed not independently proven	Valid alternative basis: stop supported by collective knowledge of speeding, so constitutional even if narcotics suspicion was secondary
Whether the detention/search exceeded the permissible scope of a traffic stop	Officer acted within scope: license/registration checks, pat-down after disclosure of a knife, discovery of large cash gave additional suspicion; search was pursued diligently and took ~15 minutes	Multiple officers, restraints, and searches exceeded a speeding-stop’s scope; time and manner were unreasonable	Detention and investigatory steps were reasonable and timely; officers developed reasonable suspicion during the stop and did not unreasonably prolong it
Whether Kelley voluntarily consented to the vehicle search and whether toolbox opened with his key	Officers credibly testified Kelley consented (video corroborated demeanor); toolbox opened without forcing using a key from Kelley’s keys	Kelley says he limited consent to plain view only and expressly refused a full search; audio lapse suspicious; no proof the toolbox was opened with his key	Trial court credited officers; totality of circumstances supports finding of voluntary consent and lawful opening of toolbox

Key Cases Cited

State v. Hanning, 296 S.W.3d 44 (Tenn. 2009) (standard of review for suppression issues)
Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (framework for investigatory stops)
Illinois v. Gates, 462 U.S. 213 (U.S. 1983) (totality-of-the-circumstances test for informant reliability)
Schneckloth v. Bustamonte, 412 U.S. 218 (U.S. 1973) (voluntariness of consent to search)
Whren v. United States, 517 U.S. 806 (U.S. 1996) (traffic-stop constitutionality regardless of officer’s subjective motives)
State v. Bishop, 431 S.W.3d 22 (Tenn. 2014) (collective knowledge doctrine and communication nexus)
State v. Day, 263 S.W.3d 891 (Tenn. 2008) (informant reliability and reasonable suspicion analysis)
State v. Berrios, 235 S.W.3d 99 (Tenn. 2007) (scope of searches and officer authority during traffic stops)
State v. Troxell, 78 S.W.3d 866 (Tenn. 2002) (limits on duration and scope of investigatory stops)