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Posts tagged "arrest"

Appellate Court Reverses Exclusion of Evidence

Evidence obtained as a result of an unlawful arrest is generally not admissible at trial. If evidence was obtained as a result of a defendant's arrest, and there is reason to challenge the legality of that arrest, this is an issue which should be determined by the trial court before the trial of the case. For an arrest to be legal, there must exist, at the time of the arrest, probable cause to believe the defendant has committed a crime for which a person may be arrested. In the recent case of State v. Kennedy, M2012-00755-R10-CD (Tenn.Crim.App. 6-28-13), a trial court had excluded evidence obtained as a result of the defendant's arrest for second offense driving under the influence (DUI). However, on an interlocutory appeal by the state, the Tennessee Court of Criminal Appeals reversed the trial court ruling due to the trial court applying an incorrect legal standard, and remanded for reconsideration of whether there was probable cause for arrest.

Appellate Court Reverses Exclusion of Evidence

Evidence obtained as a result of an unlawful arrest is generally not admissible at trial. If evidence was obtained as a result of a defendant's arrest, and there is reason to challenge the legality of that arrest, this is an issue which should be determined by the trial court before the trial of the case. For an arrest to be legal, there must exist, at the time of the arrest, probable cause to believe the defendant has committed a crime for which a person may be arrested. In the recent case of State v. Kennedy, M2012-00755-R10-CD (Tenn.Crim.App. 6-28-13), a trial court had excluded evidence obtained as a result of the defendant's arrest for second offense driving under the influence (DUI). However, on an interlocutory appeal by the state, the Tennessee Court of Criminal Appeals reversed the trial court ruling due to the trial court applying an incorrect legal standard, and remanded for reconsideration of whether there was probable cause for arrest.

Appellate Court Reverses Exclusion of Evidence

Evidence obtained as a result of an unlawful arrest is generally not admissible at trial. If evidence was obtained as a result of a defendant's arrest, and there is reason to challenge the legality of that arrest, this is an issue which should be determined by the trial court before the trial of the case. For an arrest to be legal, there must exist, at the time of the arrest, probable cause to believe the defendant has committed a crime for which a person may be arrested. In the recent case of State v. Kennedy, M2012-00755-R10-CD (Tenn.Crim.App. 6-28-13), a trial court had excluded evidence obtained as a result of the defendant's arrest for second offense driving under the influence (DUI). However, on an interlocutory appeal by the state, the Tennessee Court of Criminal Appeals reversed the trial court ruling due to the trial court applying an incorrect legal standard, and remanded for reconsideration of whether there was probable cause for arrest.

Evidence Sufficient to Support Probable Cause for Arrest

Before a person may be arrested for a crime, there must be probable cause to believe that the person has committed a crime for which an arrest can occur. The information must be reasonably trustworthy. The information can be presented to a judge or magistrate who can then issue an arrest warrant. But police officers acting on probable cause can also make an arrest without a warrant. In many criminal cases, whether there was cause for the initial arrest becomes an important issue to examine because evidence collected as a result of the arrest (such as from a search of or custodial interrogation of the accused) may not be admissible if the initial arrest was unlawful. One recent case examined by the Tennessee Supreme Court, in which they had to address the issue of probable cause for arrest, was State v. Echols, E2009-01697-SC-R11-CD (Tenn. 10-10-2012), which arose from Knox County.

Evidence Sufficient to Support Probable Cause for Arrest

Before a person may be arrested for a crime, there must be probable cause to believe that the person has committed a crime for which an arrest can occur. The information must be reasonably trustworthy. The information can be presented to a judge or magistrate who can then issue an arrest warrant. But police officers acting on probable cause can also make an arrest without a warrant. In many criminal cases, whether there was cause for the initial arrest becomes an important issue to examine because evidence collected as a result of the arrest (such as from a search of or custodial interrogation of the accused) may not be admissible if the initial arrest was unlawful. One recent case examined by the Tennessee Supreme Court, in which they had to address the issue of probable cause for arrest, was State v. Echols, E2009-01697-SC-R11-CD (Tenn. 10-10-2012), which arose from Knox County.

Evidence Sufficient to Support Probable Cause for Arrest

Before a person may be arrested for a crime, there must be probable cause to believe that the person has committed a crime for which an arrest can occur. The information must be reasonably trustworthy. The information can be presented to a judge or magistrate who can then issue an arrest warrant. But police officers acting on probable cause can also make an arrest without a warrant. In many criminal cases, whether there was cause for the initial arrest becomes an important issue to examine because evidence collected as a result of the arrest (such as from a search of or custodial interrogation of the accused) may not be admissible if the initial arrest was unlawful. One recent case examined by the Tennessee Supreme Court, in which they had to address the issue of probable cause for arrest, was State v. Echols, E2009-01697-SC-R11-CD (Tenn. 10-10-2012), which arose from Knox County.

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