observation violation (Tennessee) · Go Syfert
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observation violation in Tennessee

5 Tennessee opinions name it 1 courts 2002–2020 0 in the last five years

The cases below were cited by Tennessee courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
State v. Levittgreen
tenncrimapp · 2001 · cited in 2 Tennessee opinions naming this issue, 2012–2020
2 sentences

2020See, e.g., State v. Vineyard, 958 S.W.2d 730, 734 (Tenn. 1997); State v. Levitt, 73 S.W.3d 159, 173 (Tenn. Crim.

2012See, e.g., State v. Vineyard, 958 S.W.2d 730, 734 (Tenn. 1997); State v. Levitt, 73 S.W.3d 159, 173 (Tenn. Crim.

22
State v. Vineyardgreen
tenn · 1997 · cited in 2 Tennessee opinions naming this issue, 2012–2020
2 sentences

2020See, e.g., State v. Vineyard, 958 S.W.2d 730, 734 (Tenn. 1997); State v. Levitt, 73 S.W.3d 159, 173 (Tenn. Crim.

2012See, e.g., State v. Vineyard, 958 S.W.2d 730, 734 (Tenn. 1997); State v. Levitt, 73 S.W.3d 159, 173 (Tenn. Crim.

22
State of Tennessee v. Triston Lee Harrisgreen
tenncrimapp · 2008 · cited in 1 Tennessee opinions naming this issue, 2014–2014
1 sentence

2014State v. Harris, 280 S.W.3d 832, 840 (Tenn. Crim.

11
State v. Deloitgreen
tenncrimapp · 1997 · cited in 1 Tennessee opinions naming this issue, 2002–2002
1 sentence

2002We first note that “[t]he state must establish compliance with Sensing by a preponderance of the evidence.” State v. Deloit, 964 S.W.2d 909, 916 (Tenn.Crim.

11
State vs/ John Farris Hunter, IIIgreen
tenn · 1997 · cited in 1 Tennessee opinions naming this issue, 2002–2002
1 sentence

2002Our supreme court has found that “if credible proof establishes that the subject did not have foreign matter in the mouth, did not consume any alcoholic beverage, and did not smoke or regurgitate, then the rule is satisfied.” State v. Hunter, 941 S.W.2d 56, 57-58 (Tenn. 1997). -3- Prior to the court’s decision in Sensing, the testifying officer was required to be qualified through education, training, and experience to “interpret the test results in evidence” as a prerequisite to admissibility.

11
State v. Cookgreen
tenn · 1999 · cited in 1 Tennessee opinions naming this issue, 2002–2002
1 sentence

2002The purpose of the observation requirement is, of course, to ensure “that no foreign matter is present in the defendant's mouth that could retain alcohol and potentially influence the results of the test.” State v. Cook, 9 S.W.3d 98, 100-01 (Tenn. 1999).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway.

Where else courts name it

OH 18 (1992–2025) MO 16 (1985–2023) NY 12 (1990–2011) IL 10 (1991–2025) NJ 8 (1959–2026) TX 7 (2005–2024) ID 7 (1999–2013) PA 6 (1967–2026) TN 5 (2002–2020) CA 5 (1987–2002) FL 4 (1982–2018) NE 3 (1995–2014) LA 3 (1961–1973) MD 3 (1972–2021) MI 3 (1966–2019) WA 3 (1964–2026) WV 3 (1980–2018) MN 3 (2016–2024) AL 2 (1928–1939)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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