State of Tennessee v. Charlotte Yvonne Turner

The State of Tennessee appeals the decision of the Obion County Circuit Court suppressing evidence obtained as a result of a police search of the residence of the Appellee, Charlotte Yvonne Turner.  Turner, a parolee, was convicted of drug related offenses in Kentucky, with her parole being subsequently transferred to Tennessee. Turner’s vehicle was stopped by Union City police officers, who were familiar with her status as a parolee. After the stop, Turner and the vehicle were searched for drugs based upon one officer’s suspicion that she was involved in drug activity. After a fruitless search for contraband of both her person and vehicle, the officer demanded that Turner allow a search of her home, pursuant to a condition of her parole. No drugs were found during the search of her residence; however, Turner directed officers to a handgun, which was located in a bedroom.  The weapon was seized, and Turner was subsequently indicted for unlawful possession of a weapon by a convicted felon. Turner filed a motion to suppress the evidence, which the trial court granted.  On appeal, the State argues that the search of the residence was lawful under the recent holding of the United States Supreme Court decision of Samson v. California, 547 U.S. 843, 126 S. Ct. 2193 (2006). After review, we conclude that the police search of Turner’s residence was unreasonable and affirm the ruling of the trial court.