A Full-Service Law Firm

Fighting For Your Rights

New Test on Whether a Search Warrant is Valid

On Behalf of | Oct 9, 2017 | Criminal Defense |

The Tennessee Supreme Court has issued a new rule to determine whether a search warrant is valid. If you’ve been charged in a criminal matter, this can affect whether the evidence to be used against you can be suppressed. Continue reading to learn more.

The Fourth Amendment to the United States Constitution, and Section 7 of Article 1 of the Constitution of Tennessee, guarantee protection against unreasonable searches and seizures. Barring minor exceptions, a search warrant is needed for the police to conduct a search. Sometimes these can be deficient, and any evidence that is uncovered can be suppressed due to an illegal search.

Motions to Suppress Evidence

Even if evidence of an unlawful act has been uncovered by the police, if proper and lawful procedures were not used to obtain that evidence, your defense attorney can file a motion to suppress that evidence. If granted, any evidence suppressed cannot be used at a trial. This can lead to a not-guilty verdict, or a negotiated lesser sentence plea deal.

New Rule, State v. Tuttle

The Supreme Court issued a new opinion overruling the prior case law in State v. Jacumin. This new case, State v. Tuttle, states that a “totality-of-the-circumstances” approach will be used in search warrant cases, in line with the the Illinois v. Gates U.S. Supreme Court Case. This test opens up the admission of evidence that may have previously been suppressed.

Criminal Defense Lawyers

Contact the experienced criminal defense lawyers at Maniatis Law PLLC with questions regarding your case. our office or .. If you are not a U.S. citizen, call to get information on how your status may be affected.