State of Tennessee v. Marion Brock Foreman

The Defendant, Marion Brock Foreman, was convicted at a bench trial by the Henderson County Circuit Court of twenty counts of possession of a firearm by a person convicted of a felony drug offense and one count of possession of drug paraphernalia. See T.C.A. § 39- 17-1307 (Supp. 2021) (subsequently amended) (unlawful possession of a firearm); § 39- 17-425 (2018) (possession of drug paraphernalia). He was found not guilty of ten counts of possession of a firearm with the intent to go armed during the commission of a dangerous offense involving the felony sale or delivery of a controlled substance and two counts of possession of a controlled substance with the intent to sell or deliver. After merger, he received an effective sentence of eight years with a 35% release eligibility for five counts of possession of a firearm by a person convicted of a felony drug offense and one count of possession of drug paraphernalia. On appeal, the Defendant contends that the trial court erred in denying his motion to suppress the evidence derived from the search of his property and home. We conclude that the trial court erred, reverse the judgments of the court, vacate the convictions, and remand the case for further proceedings consistent with this opinion.