TN: With no findings of fact, court can look at dashcam video and draw own conclusion suppression was appropriate

The trial court didn’t make findings of fact, so the appellate court can review the dashcam video and draw its own conclusions. “The trial court reviewed the testimony of the only witness and made an implicit finding that his testimony was not credible in this case as to whether Defendant crossed the center line before the stop was initiated by the patrol car’s blue lights being turned on. The trial court found that the videotape showed that while Defendant weaved, he stayed within his lane of travel. Even if we could make our ruling based solely upon our view of the videotape, we would be unable to conclude that the trial court erred by granting the motion to suppress.” State v. Black, 2020 Tenn. Crim. App. LEXIS 368 (May 27, 2020).

The police reasonably believed the driver had apparent authority to consent to a search of the car and a bag in the backseat. The only bag there would be any potential lack of authority to was mentioned to be in the trunk. Also, “Police officers need not canvass potential objectors before conducting a lawful search.” United States v. Smith, 2020 U.S. App. LEXIS 16658 (2d Cir. May 26, 2020).*