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

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

I dissent from the majority opinion for reasons which I will explain. The majority is correct that there is a split of authority as to whether reasonable suspicion must exist before a search may be made pursuant to a probation order providing that, as a condition of probation, the probationer is subject to warrantless searches. See Jay M. Zitter, Validity of Requirement That, as Condition of Probation, Defendant Submit to Warrantless Searches, 99 A.L.R.5th 557 (2002). However, I do not believe it is necessary for this court to make a determination as to this question, for it is clear that the officers had reasonable suspicion to search Angela Hamm’s residence.

Authoring Judge: 
Judge Alan E. Glenn
Originating Judge: 
Judge Jeff Parham
Date Filed: 
Friday, August 11, 2017