(DOWNLOAD) "State Tennessee v. Roy Edward Mccormick" by Court of Criminal Appeals of Tennessee # eBook PDF Kindle ePub Free
eBook details
- Title: State Tennessee v. Roy Edward Mccormick
- Author : Court of Criminal Appeals of Tennessee
- Release Date : January 14, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
TATUM, Judge. OPINION The State has brought this petition for the common law writs of certiorari and supersedeas to review the action of the trial court in granting the respondents' motion to suppress evidence in these drug cases. The trial Judge granted the motion to suppress on the grounds that the search warrant used to seize the drugs was unconstitutionally issued because the affidavit for the warrant did not give a specific date on which illegal activity was observed. The warrant was issued on the affidavit of a police officer relating facts given to him by an unnamed informant. The portion of the affidavit with which we are now concerned stated, that while in the above described location in the past 72 hours, [the informant] did observe Roy E. McCormick, M/W, and Nancy Jeannette Maddox, F/W, in possession of a quantity of marijuana.//-- In granting the motion to suppress, the trial Judge held that the Constitution required a calendar date (a specified day, month and year) to establish the time the illegal activity was observed and the use of the phrase in the past 72 hours did not meet constitutional requirements. In reaching this result, the trial Judge misconstrued the language of Owens v. State, 217 Tenn. 544, 399 S.W.2d 507 (1965) and Welchance v. State, 173 Tenn. 26, 114 S.W.2d 781 (1938).
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