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Search Warrants Archives

Specific Date of Activity Not Needed to Obtain a Search Warrant

For a judge or magistrate to issue a search warrant, probable cause for the search must be first established. This is done within an affidavit filed in support of the request for the warrant. The affidavit must supply the facts supporting probable cause for a search. In the recent case of State v. Graves, E2011-02471-CCA-R3-CD (Tenn.Crim.App. 10-4-2012), a Defendant accused of attempted sexual exploitation of a minor argued that the affidavit supporting a search warrant did not establish probable cause because it failed to include the specific date on which the illegal activity described in the affidavit was alleged to have occurred. Mr. Graves pled guilty to the offense, reserving this issue for appellate review. Unfortunately for Mr. Graves, the Court of Criminal Appeals has ruled in his case that a specific date is not required.

Specific Date of Activity Not Needed to Obtain a Search Warrant

For a judge or magistrate to issue a search warrant, probable cause for the search must be first established. This is done within an affidavit filed in support of the request for the warrant. The affidavit must supply the facts supporting probable cause for a search. In the recent case of State v. Graves, E2011-02471-CCA-R3-CD (Tenn.Crim.App. 10-4-2012), a Defendant accused of attempted sexual exploitation of a minor argued that the affidavit supporting a search warrant did not establish probable cause because it failed to include the specific date on which the illegal activity described in the affidavit was alleged to have occurred. Mr. Graves pled guilty to the offense, reserving this issue for appellate review. Unfortunately for Mr. Graves, the Court of Criminal Appeals has ruled in his case that a specific date is not required.

Specific Date of Activity Not Needed to Obtain a Search Warrant

For a judge or magistrate to issue a search warrant, probable cause for the search must be first established. This is done within an affidavit filed in support of the request for the warrant. The affidavit must supply the facts supporting probable cause for a search. In the recent case of State v. Graves, E2011-02471-CCA-R3-CD (Tenn.Crim.App. 10-4-2012), a Defendant accused of attempted sexual exploitation of a minor argued that the affidavit supporting a search warrant did not establish probable cause because it failed to include the specific date on which the illegal activity described in the affidavit was alleged to have occurred. Mr. Graves pled guilty to the offense, reserving this issue for appellate review. Unfortunately for Mr. Graves, the Court of Criminal Appeals has ruled in his case that a specific date is not required.

Sometimes Color Matters in Search Warrants

Search warrants must specifically describe what property is authorized to be searched. Ambiguity can render the warrant invalid. In the recent case of State v. Spivey, W2010-01853-CCA-R3-CD (Tenn.Crim.App. 9-19-2011), a search warrant described a home with tan siding at a particular address. The search revealed crack cocaine, a digital scale, and a handgun. The problem was that there were two separate homes at that address. One had tan siding and one had blue siding. The police searched the blue one (which is the one they believed they had sought authorization to search). They searched the right home but had described the wrong one. The Defendants moved to suppress the evidence from the search. The trial court granted the motion. The State appealed. The Court of Criminal Appeals affirmed the trial court.

Sometimes Color Matters in Search Warrants

Search warrants must specifically describe what property is authorized to be searched. Ambiguity can render the warrant invalid. In the recent case of State v. Spivey, W2010-01853-CCA-R3-CD (Tenn.Crim.App. 9-19-2011), a search warrant described a home with tan siding at a particular address. The search revealed crack cocaine, a digital scale, and a handgun. The problem was that there were two separate homes at that address. One had tan siding and one had blue siding. The police searched the blue one (which is the one they believed they had sought authorization to search). They searched the right home but had described the wrong one. The Defendants moved to suppress the evidence from the search. The trial court granted the motion. The State appealed. The Court of Criminal Appeals affirmed the trial court.

Sometimes Color Matters in Search Warrants

Search warrants must specifically describe what property is authorized to be searched. Ambiguity can render the warrant invalid. In the recent case of State v. Spivey, W2010-01853-CCA-R3-CD (Tenn.Crim.App. 9-19-2011), a search warrant described a home with tan siding at a particular address. The search revealed crack cocaine, a digital scale, and a handgun. The problem was that there were two separate homes at that address. One had tan siding and one had blue siding. The police searched the blue one (which is the one they believed they had sought authorization to search). They searched the right home but had described the wrong one. The Defendants moved to suppress the evidence from the search. The trial court granted the motion. The State appealed. The Court of Criminal Appeals affirmed the trial court.

From Cell Phone Photography to Search Warrant

Wal-Mart usually isn't a place that most people would consider ideal for some photography practice. But for one man and his cell phone, it turned out to be a particularly bad idea. One leading indirectly to a felony conviction for sexual exploitation of a minor.

From Cell Phone Photography to Search Warrant

Wal-Mart usually isn't a place that most people would consider ideal for some photography practice. But for one man and his cell phone, it turned out to be a particularly bad idea. One leading indirectly to a felony conviction for sexual exploitation of a minor.

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