State of Tennessee v. Angela Carrie Payton Hamm and David Lee Hamm - Concurring

State of Tennessee v. Angela Carrie Payton Hamm and David Lee Hamm - Concurring
W2016-01282-CCA-R3-CD

I concur in the majority opinion, but I write separately to express my views regarding the additional issues that arise from warrantless, suspicionless searches of probationers conducted pursuant to a condition of probation. I believe that at a minimum, reasonable suspicion is required before the State may conduct a warrantless search of a probationer who is subject to a warrantless search requirement as a condition of probation. While neither the United States Supreme Court nor the Tennessee Supreme Court have addressed whether something less than reasonable suspicion would permit searches of probationers, both courts have addressed the issue as it related to parolees. See Samson v. California, 547 U.S. 843 (2006); State v. Turner, 297 S.W.3d 155 (Tenn. 2009).

Authoring Judge: 
Judge John Everett Williams
Originating Judge: 
Judge Jeff Parham
Date Filed: 
Friday, August 11, 2017