State of Tennessee v. Timothy Wade Davis

Summary

Justice Adolpho A. Birch, Jr. dissents from the Tennessee Supreme Court's holding concerning whether an expressly incorporated affidavit must be furnished as part of a search warrant under Tennessee Rule of Criminal Procedure 41(c). The dissent would find the search warrant procedure deficient and exclude the physical evidence and subsequent statements as fruit of the poisonous tree.

Holdings

1. In Justice Birch's dissenting view, an affidavit expressly incorporated into a search warrant is part of the warrant and is subject to Rule 41(c); failure to furnish the defendant an exact copy violates the rule.
2. In Justice Birch's dissenting view, the physical evidence and the defendant's subsequent statements obtained as a result of the unlawful search were inadmissible as fruit of the poisonous tree.

Questions Presented

1. Whether an affidavit expressly incorporated into a search warrant is part of the warrant for purposes of Tennessee Rule of Criminal Procedure 41(c).
2. Whether failure to furnish the defendant an exact copy of the expressly incorporated affidavit violated Rule 41(c).
3. Whether physical evidence and subsequent statements obtained as a result of the allegedly illegal search were inadmissible as fruit of the poisonous tree.

Disposition

other