State of Tennessee v. John Burley Alberts

Case Number
M2015-00248-CCA-R3-CD

Following a jury trial, the Defendant, John Burley Alberts, was convicted of four counts of rape of a child, see Tennessee Code Annotated section 39-13-522, and received an effective sentence of one hundred years to be served at one hundred percent.  On appeal, the Defendant contends (1) that the trial court erred in denying the Defendant’s motion to suppress evidence obtained from a warrantless search of the Defendant’s car, and (2) that evidence obtained from a laptop computer recovered from his car should have been suppressed because officers did not acquire a search warrant prior to performing a forensic analysis of the computer.  Because we conclude that the search was valid under the automobile exception to the warrant requirement and that the Defendant has waived review of the second issue, the judgments of the trial court are affirmed.

Authoring Judge
Judge D. Kelly Thomas, Jr.
Originating Judge
Judge Michael W. Binkley
Case Name
State of Tennessee v. John Burley Alberts
Date Filed
Dissent or Concur
No
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