State's Brief in Resistance to Suppression (OWI) (original) (raw)

Knoxville Police Officers Lt. Aaron Fuller and Joel Kimpston-Burkgren were on routine patrol May 2, 2014, when they arrived to the Knoxville Wal-Mart parking lot. As the officers patrolled through the lot their attention was drawn to an adult male walking directly in front of their lane of travel in the direction of the store entry and away from the store parking area. As the officers approached the male slowly from the rear (traveling in the same direction), they noted that the adult male appeared to them to be walking in an imbalanced fashion. To the officers, the way the adult male walked suggested the possibility that the adult male was intoxicated. Officers decided to pass the adult male and "make another loop" through the parking lot to continue observing him. As their fully mark patrol vehicle passed the adult male wearing blue jeans, a plaid shirt, cowboy boots and a cowboy hat, Officer Kimpston-Burkgren noticed that the adult male also wore a gun holster at his hip.