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TN: Hot pursut to the threshold permitted recovery of drugs tossed inside

By John Wesley Hall, Jr.

Hot pursuit was similar to that in Santana. The defendant got to the threshold, where he was detained and he trough a baggie of cocaine inside. The officer could retrieve it. State v. Allen, 2009 Tenn. Crim. App. LEXIS 799 (September 23, 2009).* "[T]he Defendant appeals the trial court's conclusion that the checkpoint did not unreasonably intrude upon his constitutional right to privacy, arguing (1) the advance publicity of the checkpoint was inadequate; (2) the checkpoint lacked a basis in a statistical study establishing the need for DUI deterrence at the checkpoint's location; and (3) the checkpoint inadequately limited supervising officer Sergeant Bay's discretion in implementing the checkpoint. We address each of the Defendant's contentions below," and the prosecution satisfied each requirement...continue to full post

Full post as published by Fourth Amendment on September 28, 2009 (boomark / email).