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Posts tagged "good faith exception"

Blood Evidence Admissible by Implied Consent

Circumstances under which evidence from a warrantless blood draw of a person suspected of driving under the influence (DUI) have been the subject of much legal argument since the U.S. Supreme Court decision in Missouri v. McNeely (2013), finding that exigent circumstances do not always justify warrantless blood draws in DUIcases. Tennessee law mandates a blood draw under certain circumstances. But, when that blood draw occurs without first obtaining a warrant, it still must occur pursuant to a constitutional exception to the warrant requirement. Tennessee has an implied consent law. Though it appears that implied consent may be withdrawn before a blood draw occurs, the recent Tennessee case of State v. Reynolds, E2013-02309-CCA-R9-CD (Tenn.Crim.App. 11-12-2014) determined that when implied consent is not actively withdrawn and the blood draw not specifically refused, it can occur pursuant to the consent exception to the warrant requirement.

Blood Evidence Admissible by Implied Consent

Circumstances under which evidence from a warrantless blood draw of a person suspected of driving under the influence (DUI) have been the subject of much legal argument since the U.S. Supreme Court decision in Missouri v. McNeely (2013), finding that exigent circumstances do not always justify warrantless blood draws in DUIcases. Tennessee law mandates a blood draw under certain circumstances. But, when that blood draw occurs without first obtaining a warrant, it still must occur pursuant to a constitutional exception to the warrant requirement. Tennessee has an implied consent law. Though it appears that implied consent may be withdrawn before a blood draw occurs, the recent Tennessee case of State v. Reynolds, E2013-02309-CCA-R9-CD (Tenn.Crim.App. 11-12-2014) determined that when implied consent is not actively withdrawn and the blood draw not specifically refused, it can occur pursuant to the consent exception to the warrant requirement.

Sometimes It's Just Bad Luck (Search and Seizure)

The recent Sixth Circuit case of U.S. v. Godfrey, 10-4240 (6th Cir. 6-28-2011) is an interesting example of the "good faith" exception to the exclusionary rule. Generally, evidence obtained from a warrantless search and seizure, not covered by a recognized exception to the warrant requirement, is inadmissible against an accused in a criminal case. The exclusionary rule exists to deter authorities from obtaining evidence by illegal means. But when authorities are acting in good faith in obtaining the evidence, excluding it has less value and the evidence may be admitted, under federal law.(Tennessee courts have not previously adopted the federal "good faith" exception. But the Tennessee State Legislature has just passed such an exception in the 2011 session.)

Sometimes It's Just Bad Luck (Search and Seizure)

The recent Sixth Circuit case of U.S. v. Godfrey, 10-4240 (6th Cir. 6-28-2011) is an interesting example of the "good faith" exception to the exclusionary rule. Generally, evidence obtained from a warrantless search and seizure, not covered by a recognized exception to the warrant requirement, is inadmissible against an accused in a criminal case. The exclusionary rule exists to deter authorities from obtaining evidence by illegal means. But when authorities are acting in good faith in obtaining the evidence, excluding it has less value and the evidence may be admitted, under federal law.(Tennessee courts have not previously adopted the federal "good faith" exception. But the Tennessee State Legislature has just passed such an exception in the 2011 session.)

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