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...
Defense Wins a Vehicle Search and Seizure Case
In the recent search and seizure case of State v. Donaldson, M2010-0069-CCA-R3-CD (Tenn.Crim.App. 9-15-2011), the State of Tennessee, appealing a trial court ruling excluding evidence, asserted that a police officer has unrestricted authority to order a motorist to...
State Loses Appeal on Double Jeopardy Issue
A person who violates a court order of protection in Tennessee may be prosecuted under criminal contempt provisions or under a criminal statute criminalizing violations of orders of protection. However, charging both criminal contempt and violation of the criminal...
