Look Who it Was Random video

When To Blue Light

204 views · Published 27 March 2013 · 2:53 · Indexed 23 October 2026

Channel: WTVC NewsChannel 9 · 2013 · News & Politics

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by John Madewell  The Tennessee Supreme Court upholds a DUI conviction reversal for a man who was clearly drunk.The decision was released just last Friday for a stop that happened December 7, 2008.The Court ruled responding Etowah patrol officer Phyllis Bige made a mistake. Now, Bige is speaking out about an arrest she feels was justified.She pulled up on a parked vehicle of an habitual DUI offender. But the case unraveled, according to the highest state court, because Bige didn't have enough reason to activate her blue lights.Today, she helps run a resale shop in Cleveland. It's a recent endeavor she's excited about, but at the same time she misses her days in law enforcement.Bige worked six years for the Etowah Police Department. In December of 2008, she arrested James Moats for DUI. He was parked in the Bi-Lo parking lot at 2:00 a.m. Bige had circled several times before pulling in behind him.The truck was running, headlights were on and a beer can inside. As it turns out, Moats' blood alcohol was .19 -- more than two times the legal limit for DUI.Bige said, And he told me he had been drinking and pulled in there to sober up.Her arrest led to a conviction at trial, Moats' 4th for DUI. But the Court of Criminal Appeals disagreed on the latest one and the Tennessee Supreme Court supported their reversal.I was surprised, I was surprised, Bige said.It comes back to the 4th Amendment. The Tennessee Supreme Court ruled she didn't have probable cause to activate her blue lights. The Court ruled she didn't have cause to believe a crime had been committed or reasonable suspicion of any criminal activity.To this day, Bige believes her actions were justified, My probable cause was the suspicious vehicle in the parking lot at 2:00 a.m.The Court went on to say the officer was not acting in a community caretaking role.But the businesses had asked for extra patrol. Loitering and drug activity had been happening.I didn't know if the guy was sick, if he was planning on breaking into the place, if he was going to do a drug activity, I didn't know,  that's why I checked it out.And here's the final reason the conviction was reversed.The Court ruled absent community caretaking, practically all the incriminating evidence should not have been admitted.However two Tennessee Supreme Court Justices disagreed with the majority court ruling. And Bige said she wouldn't change a thing. I feel like I did everything the law requires me to do. And I did my job, what my job required to me do. And that was to check out suspicious people or vehicles.NewsChannel 9 tried to get in touch with Moats for his take on the Tennessee Supreme Court ruling in his favor, but we couldn't locate him.And in 2010 police arrested him again, for DUI.Meanwhile, Bige's departure from the Etowah Police Department had nothing to do with this incident.She said Chief Eric Armstrong fired her for not writing enough tickets. Chief Armstrong didn't return our call for comment.Bige is in the midst of a lawsuit with the City of Etowah. Regardless of the outcome, she hopes to some day return to law enforcement.

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