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search warrant Archives

Search Warrant or Exception Required For 'Mandatory' Blood Draw

A search warrant or recognized constitutional exception to the warrant requirement is required for law enforcement authorities to conduct a blood draw for the purposes of testing the alcohol content or toxicology of a suspect's blood. Under laws passed by the Tennessee legislature, a blood draw may be 'mandatory' under certain statutory circumstances when a person is suspected of Driving Under the Influence (DUI). However, the Tennessee Court of Criminal Appeals has explained that in order to interpret these provisions consistently with constitutional law, they must be understood to still require either a search warrant or a recognized exception to the warrant requirement.

Search Warrant or Exception Required For 'Mandatory' Blood Draw

A search warrant or recognized constitutional exception to the warrant requirement is required for law enforcement authorities to conduct a blood draw for the purposes of testing the alcohol content or toxicology of a suspect's blood. Under laws passed by the Tennessee legislature, a blood draw may be 'mandatory' under certain statutory circumstances when a person is suspected of Driving Under the Influence (DUI). However, the Tennessee Court of Criminal Appeals has explained that in order to interpret these provisions consistently with constitutional law, they must be understood to still require either a search warrant or a recognized exception to the warrant requirement.

Conviction Reversed Due to Bad Search Warrant

A search warrant is a judicial authorization to search a person or place. To be valid, a search warrant must be supported by probable cause to suspect that the search may reveal evidence of a crime. The probable cause is alleged within an affidavit presented to a judge or magistrate when seeking the warrant. In the recent Tennessee case of State v Hall, M2013-02841-CCA-R3-CD (Tenn.Crim.App. 10-3-2014), the Court of Criminal Appeals concluded that the affidavit describing a controlled drug buy at a residence within seventy-two hours did not establish probable cause to support an issued warrant to search that residence and the people present there.

Conviction Reversed Due to Bad Search Warrant

A search warrant is a judicial authorization to search a person or place. To be valid, a search warrant must be supported by probable cause to suspect that the search may reveal evidence of a crime. The probable cause is alleged within an affidavit presented to a judge or magistrate when seeking the warrant. In the recent Tennessee case of State v Hall, M2013-02841-CCA-R3-CD (Tenn.Crim.App. 10-3-2014), the Court of Criminal Appeals concluded that the affidavit describing a controlled drug buy at a residence within seventy-two hours did not establish probable cause to support an issued warrant to search that residence and the people present there.

Conviction Reversed Due to Bad Search Warrant

A search warrant is a judicial authorization to search a person or place. To be valid, a search warrant must be supported by probable cause to suspect that the search may reveal evidence of a crime. The probable cause is alleged within an affidavit presented to a judge or magistrate when seeking the warrant. In the recent Tennessee case of State v Hall, M2013-02841-CCA-R3-CD (Tenn.Crim.App. 10-3-2014), the Court of Criminal Appeals concluded that the affidavit describing a controlled drug buy at a residence within seventy-two hours did not establish probable cause to support an issued warrant to search that residence and the people present there.

Search Warrant for Computer Upheld

A search warrant is formal judicial authorization for a search and/or seizure of property which may contain evidence of a crime. It requires a probable cause to suspect the property may contain evidence of a crime. It requires a 'nexus' between the suspected criminal activity and the property to be searched and/or seized. The evidence supporting the basis for the warrant is usually provided by affidavit. In a subsequent legal challenge to the issuance or validity of the warrant, a court must determine whether the affidavit contains sufficient information upon which to authorize the search in question. In the recent Tennessee case of State v. McCoy, E2013-02138-CCA-R3-CD (Tenn.Crim.App. 5-27-2014), the Court of Criminal Appeals upheld a search warrant for a computer based on suspected criminal online communication.

Search Warrant for Computer Upheld

A search warrant is formal judicial authorization for a search and/or seizure of property which may contain evidence of a crime. It requires a probable cause to suspect the property may contain evidence of a crime. It requires a 'nexus' between the suspected criminal activity and the property to be searched and/or seized. The evidence supporting the basis for the warrant is usually provided by affidavit. In a subsequent legal challenge to the issuance or validity of the warrant, a court must determine whether the affidavit contains sufficient information upon which to authorize the search in question. In the recent Tennessee case of State v. McCoy, E2013-02138-CCA-R3-CD (Tenn.Crim.App. 5-27-2014), the Court of Criminal Appeals upheld a search warrant for a computer based on suspected criminal online communication.

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