TBA Law Blog

TBA Law Blog

Supreme Court Rules Warrantless Search Unlawful, Dismisses Convictions

Posted by: Kate Prince on Feb 23, 2021

The Tennessee Supreme Court today ruled that the inevitable discovery rule does not apply when law enforcement merely “could have” obtained evidence through a search warrant or other lawful means. The ruling stems from State v. Scott, in which the defendant’s home was searched without consent while law enforcement was trying to locate a man with outstanding warrants. During the search, drugs were found, and the defendant was later convicted of possession charges. The suspect originally sought by law enforcement was not located during the search. The high court concluded that the defendant’s home was searched illegally and that evidence found during the search was not admissible. The justices unanimously ruled that the defendant’s convictions must be dismissed, concluding that law enforcement would not have discovered the drugs without the search in question  and that exigent circumstances did not exist to justify the constructive seizure of the defendant’s home. The Administrative Office of the Courts has more on the ruling.

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