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Criminal Law

: Fourth Amendment

TN: Nexus to home for SW may be shown by inference

By John Wesley Hall, Jr.

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Nexus to the home for drugs can be shown by inference. Here, defendant went to his house before going to the location for a drug sale, and that was enough to show nexus, relying on State v. Saine, 297 S.W.3d 199 (Tenn. 2009). State v. Summers, 2010 Tenn. Crim. App. LEXIS 353 (April 28, 2010).* Defendant’s blood test at the hospital was not unreasonable and not a violation of the Fourth Amendment. He also did not raise it at trial. State v. Asbury, 2010 Tenn. Crim. App. LEXIS 354 (April 30, 2010).* Defendant’s movements were the articulable basis for his frisk. He took a long time to stop the car, there were furtive movements in the car, when he got out of the car he reached back in, and then he brushed his shirt like he was hiding something...continue to full post

Full post as published by Fourth Amendment on May 05, 2010 (boomark / email).

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