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

State of Tennessee v. Angela Carrie Payton Hamm and David Lee Hamm - Dissenting
W2016-01282-SC-R11-CD

I respectfully dissent from the majority’s decision upholding the constitutionality of the warrantless and suspicionless search of Angela Payton Hamm’s home. In so holding, the majority erroneously equates the privacy interests of probationers and parolees despite statements by the United States Supreme Court and this Court that probationers have greater expectations of privacy than parolees. Samson v. California, 547 U.S. 843, 850 (2006); State v. Stanfield, 554 S.W.3d 1, 10 (Tenn. 2018); State v. Turner, 297 S.W.3d 155, 162 (Tenn. 2009). I would hold that the state and federal constitutional safeguards against unreasonable searches and seizures require law enforcement officers to establish reasonable suspicion for a warrantless search of a probationer. Here, as the courts below concluded, the State failed to establish reasonable suspicion for the search. Accordingly, I would hold that the search violated the Fourth Amendment to the United States Constitution and article I, section 7 of the Tennessee Constitution and affirm the Court of Criminal Appeals’ judgment upholding the trial court’s decisions granting the defendant’s motion to suppress and dismissing the indictments.  

Authoring Judge: 
Justice Cornelia A. Clark
Originating Judge: 
Judge Jeff Parham
Date Filed: 
Thursday, November 21, 2019