State of Tennessee v. William Timothy Carter and Virginia Darean Carter

Case Number
W2002-00947-CCA-R3-CD

This is a State appeal. The grand jury indicted the Defendants, William Timothy Carter and Virginia Darlean Carter, on several counts relating to the manufacture and possession of various drugs and the possession of drug paraphernalia. The trial court granted the Defendants' motion to suppress evidence based upon an illegal residential search. On appeal, the State contends the trial court erred in granting the Defendants' motion to suppress. We conclude that even if the officers made an unlawful entry into the residence, the evidence was subsequently seized pursuant to a valid search warrant which was not based upon any observations made during the alleged unlawful entry. Because the independent source doctrine applies, the seizure of evidence was proper. Accordingly, we reverse the judgment of the trial court.

Authoring Judge
Judge Robert W. Wedemeyer
Originating Judge
Judge C. Creed Mcginley
Case Name
State of Tennessee v. William Timothy Carter and Virginia Darean Carter
Date Filed
Dissent or Concur
No
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