Evidence obtained from a warrantless search is generally not admissible against a defendant in a criminal case unless one of the exceptions to the warrant requirement applies. Among those exceptions are a search incident to arrest, a search performed with consent,...
Alibi Witness Excluded Due to Lack of Notice
A person hoping to rely upon an alibi defense in a criminal case should be aware that the state may be entitled to pre-trial notice of any witnesses the defense intends to use to establish it. This allows the state a fair opportunity to investigate the claim....
Statutory Rape Charges Are Not Required to Allege a Specific Date
In Tennessee, aggravated statutory rape occurs when there is sexual penetration between a victim, age thirteen to seventeen, and a person more than ten years older than the victim. When proving statutory rape allegations at trial, any individual incident must be...
