In Tennessee, Search Warrants Don’t Have to be Perfect
Search warrants won’t have to be completely error-free in Tennessee when a new law takes effect July 1. In the past and in many other states, a small error on the search warrant could result in the evidence seized being thrown out of court. Now lawmakers have determined that the protection of personal rights might have to take a back seat to the goals of law enforcement, at least in some cases.
To raise support for the newly passed law, lawmakers of course highlighted extreme examples where offenders had their convictions overturned due to simple and minor “clerical errors”. One such case, profiled here in The Tennessean, involved a man who was sentenced to 29 years for selling cocaine and marijuana. His conviction was overturned and he was freed when there was a typo on the initial search warrant, making it invalid.
Although there aren’t many specifics available on just how free the new law will allow cops and prosecutors to be in their warrant errors, it’s said to allow them “greater leeway” and the ability to move forward in cases where typos and similar mistakes are later found on the warrant.
This isn’t a small matter, however, as the strict rules regarding the accuracy of warrants were written to align with the intentions of the 4th Amendment, which guarantees protection against illegal searches and seizures.
The Tennessee District Public Defenders Conference was opposed to the new law, as were several civil liberties groups. It is indeed a slippery slope that could lead to some problems of interpretation down the road. Could a spelling error in a suspect’s name be overlooked? What if the misspelled name was actually someone else’s name—would the defense be able to argue that the warrant was served on the wrong person or would that be boo-hoo’d with prosecutors claiming a mere “clerical error”.
The new law was said to have passed quite easily and it’s important to note that Tennessee isn’t alone in this matter. Even the Unites States Supreme Court took a surprising position in a recent May 16 ruling, broadening the acceptable times in which police can search a home without a warrant.
According to The Tennessean, some believe this trend of whittling away at civil liberties will continue. And with the SCOTUS ruling this past month, there are some good indications that such changes won’t be successfully challenged.
Invalidating the evidence in a criminal case is often a strategic move for the defense. If the evidence is ruled inadmissible, it can seriously impact the likelihood that the prosecutor would succeed at trial. However, suppressing the evidence isn’t always easy.
If you are charged with a criminal offense in Tennessee and have questions about the evidence against you, contact us today.
