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TN: Absence of a probation search condition fatal to probation search; good faith exception does not apply to warrantless searches

By John Wesley Hall, Jr.

Absence of a search provision in defendant's probation conditions did not permit officers to conduct a probation search of his property. The state's argument that the good faith exception to should apply to warrantless searches was not presented below, but it would be rejected anyway even if it was. State v. Howell, 2008 Tenn. Crim. App. LEXIS 221 (March 18, 2008): B. Application of the "Good Faith Exception" to the Warrantless Search The State first raised the argument that the search of Defendant's body shop/garage and vehicle should be upheld because of the "good faith exception" as enunciated in United States v. Leon, 468 U.S. 897 (1984) in its Motion to Reconsider filed with the trial court following that court's ruling on Defendant's Motion to Dismiss and/or Suppress Evidence...continue to full post

Full post as published by Fourth Amendment on March 25, 2008 (boomark / email).