8 Tennessee opinions name it 2 courts 1988–2016 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.
| Case | Followed | Cited |
|---|---|---|
State v. Babbittgreen1 sentence2016See State v. Babbitt, 525 N.W.2d 102, 105 (Wis. Ct. App. 1994) (“Thus, because the defendant‟s refusal to submit to a field sobriety test is some evidence of consciousness of guilt, this evidence should be admissible for the purpose of establishing probable cause to arrest.”); Jones v. Com., 688 S.E.2d 269, 272-73 (Va. 2010) (“Accordingly, we hold that in determining whether a police officer had probable cause to arrest a defendant for driving under the influence of alcohol, a court may consider the driver‟s refusal to perform field sobriety tests when such refusal is accompanied by evidence o | 1 | 1 |
Jones v. Com.green1 sentence2016See State v. Babbitt, 525 N.W.2d 102, 105 (Wis. Ct. App. 1994) (“Thus, because the defendant‟s refusal to submit to a field sobriety test is some evidence of consciousness of guilt, this evidence should be admissible for the purpose of establishing probable cause to arrest.”); Jones v. Com., 688 S.E.2d 269, 272-73 (Va. 2010) (“Accordingly, we hold that in determining whether a police officer had probable cause to arrest a defendant for driving under the influence of alcohol, a court may consider the driver‟s refusal to perform field sobriety tests when such refusal is accompanied by evidence o | 1 | 1 |
State v. Cabbagered1 sentence2008See Cabbage, 571 S.W.2d at 835 . | 1 | 1 |
State v. Densongreen1 sentence1988See State v. Denson, supra. When the officer discovered that the defendant had been drinking, and exhibited symptoms of being under the influence of an intoxicant, it was permissible for the officer to detain the defendant for the purpose of having him perform the field sobriety test. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Berkemer v. McCarty
green
2 sentences2008Id. 2000Id. | 2 | 2000–2008 |
Craze v. Commonwealth, Department of Transportation
green
1 sentence2014After considering the facts and circumstances “as a whole,” the court concluded reasonable grounds existed “despite the fact that [the motorist] was able to pass the field sobriety test.” Craze v. Commonwealth, 533 A.2d at 521 . | 1 | 2014–2014 |
State v. Murphy
green
1 sentence2009Under the topic of sufficiency of the evidence, Appellant argues the jury should have rejected testimony regarding his performance of the field sobriety test based on Okert’s testimony that the walk and turn test is only 68% accurate and the one-legged stand test is only 65% accurate. -3- However, with regard to field sobriety tests, our supreme court determined that an officer could testify as to the results of those tests in State v. Murphy, 953 S.W.2d 200 (Tenn. 1997). | 1 | 2009–2009 |
State v. Sensing
green
1 sentence2007We initially address the State’s contention that the defendant waived both issues by (1) failing “ to object to the proof regarding the field sobriety test . . . , or that the defendant failed to request a missing evidence charge,” and (2) failing to “raise[] a Sensing challenge prior or during the trial,” see State v. Sensing, 843 S.W.2d 412 (Tenn. 1992) (establishing foundation factors for admissibility of intoximeter test results). | 1 | 2007–2007 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.