TN: Community caretaking function stop at least requires a factual basis

Two vehicles were stopped on the side of the highway and the driver of one was looking at the back of his truck. Then they started to leave and the officer stopped them. There was no reasonable suspicion for defendant’s stop nor did the community caretaking function apply. “He had no opportunity to view how closely the defendant followed the vehicle prior to both drivers’ stopping at the traffic light or to observe any measures the defendant might have taken to avoid colliding with the truck in front of her, assuming that she did, in fact, strike the other vehicle. Under these circumstances, the facts do not preponderate against the trial court’s finding that Officer Porter stopped the defendant’s vehicle ‘to check the welfare of those involved.’” State v. Weston, 2016 Tenn. Crim. App. LEXIS 559 (Aug. 2, 2016).

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