Summary
The Tennessee Supreme Court held that a judicial commissioner's failure to prepare and retain an exact copy of a search warrant violated Tennessee Rule of Criminal Procedure 41(c). Because the procedural safeguard was mandatory, the search and seizure were illegal, requiring suppression of the evidence and affirmance of the dismissal of the indictment against Edward D. Coffee.
Holdings
- A judicial commissioner's failure to make and retain an exact copy of the search warrant requires suppression of the evidence seized under that warrant.
Questions Presented
- Whether a judicial commissioner's failure to make and retain an exact copy of a search warrant, as required by Tennessee Rule of Criminal Procedure 41(c), requires suppression of the evidence seized under the warrant.
Disposition
affirmed
Cases Cited (10)
- State v. Carter, 16 S.W.3d 762, 765 (Tenn. 2000)(followed)
- State v. Odom, 928 S.W.2d 18, 23 (Tenn. 1996)(followed)
- State v. Binette, 33 S.W.3d 215, 217 (Tenn. 2000)(followed)
- State v. Yeargan, 958 S.W.2d 626, 629 (Tenn. 1997)(followed)
- Talley v. State, 208 Tenn. 275, 345 S.W.2d 867, 869 (1961)(followed)
- Hampton v. State, 148 Tenn. 155, 252 S.W. 1007, 1008 (1923)(followed)
- State v. Brewer, 989 S.W.2d 349, 353-54 (Tenn. Crim. App. 1997)(followed)
- State v. Steele, 894 S.W.2d 318, 319 (Tenn. Crim. App. 1994)(followed)
- United States v. Chadwick, 433 U.S. 1, 10, 97 S. Ct. 2476, 2482, 53 L. Ed. 2d 538 (1977)(persuasive)
- State v. Gambrel, 783 S.W.2d 191, 192 (Tenn. Crim. App. 1989)(followed)
Cited In (0)
No citing cases on record yet.
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