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

One afternoon in November 2015, while David and Angela Hamm were not at home, four law enforcement officers entered and conducted a search of their home. The officers had neither a warrant nor reasonable suspicion of criminal activity. Ms. Hamm was on probation; the officers used her probationary status to justify the intrusive home search. The majority’s decision to uphold this unreasonable search deprives Ms. Hamm and her husband of their rights to be free from unreasonable searches under the Fourth Amendment to the United States Constitution and Article I, section 7 of the Tennessee Constitution. The majority’s decision also casts a cloud over the lives of more than 65,000 Tennessee probationers and thousands of citizens living with probationers, all of whom are at risk of having their homes searched by law enforcement lacking reasonable suspicion of criminal activity. 

Authoring Judge: 
Justice Sharon G. Lee
Originating Judge: 
Judge Jeff Parham
Date Filed: 
Thursday, November 21, 2019