State of Tennessee v. Sheila Bobadilla & Benjamin Bobadilla

Case Number
E2003-02369-SC-R11-CD

We accepted review of this cause under the Tennessee Rules of Appellate Procedure, Rule 11, in order to address a question properly preserved and certified pursuant to the provisions of the Tennessee Rules of Criminal Procedure, Rule 37(b)(2). The question, as certified, is: "Whether the search warrant and accompanying affidavit that led to the search of the defendant's residence violated the United States and Tennessee Constitutions as well as Tennessee Rule of Criminal Procedure 41(c), so as to render all of the evidence seized pursuant thereto, illegal and inadmissible."

In our painstaking review of the record, we have determined that the search warrant was not issued in accordance with the requirements of the Tennessee Rules of Criminal Procedure, specifically Rule 41(c). Thus, we are constrained to hold the search conducted pursuant to the warrant unreasonable and the evidence obtained as a result inadmissible. Accordingly, the judgment of the Court of Criminal Appeals, affirming the trial court's judgment on other grounds is reversed, and the indictment in this case is dismissed.

Authoring Judge
Justice Adolpho A. Birch, Jr.
Originating Judge
Judge James E. Beckner
Case Name
State of Tennessee v. Sheila Bobadilla & Benjamin Bobadilla
Date Filed
Dissent or Concur
No
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