(DOWNLOAD) "State Tennessee v. Roger K. Steele" by at Jackson Court of Criminal Appeals of Tennessee ~ eBook PDF Kindle ePub Free
eBook details
- Title: State Tennessee v. Roger K. Steele
- Author : at Jackson Court of Criminal Appeals of Tennessee
- Release Date : January 09, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
The state appeals as of right from the Hardin County Circuit Court's dismissal of the indictment charging the defendants,
Roger K. Steele, Kim J. Steele and Jennifer S. Ellis, with felonious possession of marijuana and unlawful possession of drug
paraphernalia. The dismissal resulted from the trial court's suppressing the contraband from the evidence due to lack of compliance
with Rule 41(c), Tenn. R. Crim. P., in that the defendants were not provided with an exact copy of the original search warrant
used to obtain the contraband. The only issue raised by the state is whether the trial court erred in suppressing the evidence. On August 22, 1993, the general sessions Judge for Hardin County issued a search warrant for the defendants' residence. The
warrant was executed that same day by Brian Huggins, an agent with the 24th Judicial Drug Task Force, and the contraband in
question was seized. The copy of the warrant left with the defendants does not contain the time of the warrant's issuance,
although the original does. At the suppression hearing, Agent Huggins testified that he wrote the time on the original warrant
when the Judge signed it, but failed to write the time on the copy. In granting the defendants' motion to suppress, the trial
court stated that there was a lack of compliance with Rule 41 because two exact copies of the search warrant were not made.
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