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TN: Execution of warrant before it was issued voids search

By John Wesley Hall, Jr.

Tennessee holds that the undisputed proof showed that the search warrant in this case was executed before it was issued by the magistrate, so the search had to be suppressed. The endorsement rules for issuance of a state search warrant are mandatory. State v. Jones, 2008 Tenn. Crim. App. LEXIS 294 (March 28, 2008). Probable cause to believe defendant is going to do a drug deal gave a nexus to search his car that he would be delivering them in but it said nothing about his possession in the home. Suppression order as to house affirmed, reversed as to car. State v. Saine, 2008 Tenn. Crim. App. LEXIS 289 (April 4, 2008). Information from two informants corroborated each other, and that supported probable cause to stop and arrest the defendant...continue to full post

Full post as published by Fourth Amendment on April 19, 2008 (boomark / email).