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warrantless Archives

Warrantless Search Ruled Unlawful

A warrantless search is presumed unreasonable. It may be reasonable and lawful though if one or more recognized exceptions apply. The prosecution has the burden of proving a recognized exception if the warrantless search is contested. One important exception is consent. People on probation often, as a condition of being on probation, sign a form consenting to the "any time" search of their residence. However, federal and Tennessee law still requires at least reasonable suspicion of criminal activity for one of these "any time" residential searches to occur.

Warrantless Searches of Parolees Are Reasonable

In criminal cases in the United States, warrantless searches generally require some established exception to the warrant requirement in order to be considered reasonable. Consent is one exception. In Tennessee, a person granted parole is required to consent to being subject to warrantless searches as one of the conditions of being on parole. Both the United States Supreme Court and the Tennessee Supreme Court have determined this requirement to be reasonable and constitutional. In the recent Tennessee case of State v. Cotham, M2012-01150-CCA-R3-CD (Tenn.Crim.App. 7-31-2014), the Court of Criminal Appeals affirmed a trial court ruling that a defendant subject to parole supervision in Tennessee had no legal basis to contest a warrantless acquisition of cell phone tracking data which led to the discovery of further evidence.

Warrantless Searches of Parolees Are Reasonable

In criminal cases in the United States, warrantless searches generally require some established exception to the warrant requirement in order to be considered reasonable. Consent is one exception. In Tennessee, a person granted parole is required to consent to being subject to warrantless searches as one of the conditions of being on parole. Both the United States Supreme Court and the Tennessee Supreme Court have determined this requirement to be reasonable and constitutional. In the recent Tennessee case of State v. Cotham, M2012-01150-CCA-R3-CD (Tenn.Crim.App. 7-31-2014), the Court of Criminal Appeals affirmed a trial court ruling that a defendant subject to parole supervision in Tennessee had no legal basis to contest a warrantless acquisition of cell phone tracking data which led to the discovery of further evidence.

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