Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Braden

Court of Criminal Appeals of Tennessee, Nashville

May 2, 2017

STATE OF TENNESSEE
v.
THOMAS BRADEN

          Session April 19, 2016

         Appeal from the Circuit Court for Maury County No. 23892 Robert L. Jones, Judge

         The Appellee, Thomas Braden, was indicted for possession of cocaine, possession of marijuana, and possession of Alprazolam, all misdemeanors. He filed a motion to suppress the evidence, arguing that the affidavit in support of the search warrant for the home in which the drugs were found was defective because it failed to establish ongoing criminal activity at the residence, and the Maury County Circuit Court granted the motion. The State appealed to this court, and we concluded that the trial court properly granted the motion to suppress. The Tennessee Supreme Court granted the State's application for permission to appeal and remanded the case to this court for reconsideration in light of the court's recent opinion in State v. Jerry Lewis Tuttle, S.W.3d ___, M2014-00566-CCA-R3-CD, 2015 WL 5812945 (Tenn. Apr. 5, 2017), which overruled State v. Jacumin, 778 S.W.2d 430 (Tenn. 1989), and adopted a totality-of-the-circumstances analysis for determining whether an affidavit establishes probable cause for issuance of a search warrant. Upon reconsideration, we again conclude that the trial court properly granted the motion to suppress.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed

          Herbert H. Slatery III, Attorney General and Reporter; M. Todd Ridley, Assistant Attorney General; Brent Cooper, District Attorney General; and Patrick Powell, Assistant District Attorney General, for the appellant, State of Tennessee.

          Lee E. Brooks, Spring Hill, Tennessee, for the appellee, Thomas Braden.

          Norma McGee Ogle, J., delivered the opinion of the court, in which John Everett Williams and Robert W. Wedemeyer, JJ., joined.

          OPINION

          NORMA MCGEE OGLE, JUDGE

         I. Factual Background

         On June 8, 2013, Investigator Jeff Seagroves of the Columbia Police Department submitted an affidavit in which he provided the following information in support of issuance of a search warrant:

John and/or Jane Doe . . . is/are in possession of the following described property, namely: Crack cocaine, crack cocaine paraphernalia, proceeds from the sale of crack cocaine. [T]o be searched for in accordance with the Laws of the State of Tennessee, upon the following described premises, namely[:]
509 White Street, Columbia, Tennessee 38401, being a single family dwelling. This residence's exterior is made of tan colored vinyl siding with white trim. The front door to the residence is metal and cream in color. This residence has a covered front porch with the number 509 clearly displayed on the front porch pillar just to the right of the front door. This warrant is to include any and all outbuildings, vehicles, and yard belonging to or under control of this location and/or John or Jane Doe. . . . [A]nd his/her reasons for such belief are that affiant has been contacted by a cooperating individual stating they could purchase crack cocaine from inside the residence located at 509 White Street, Columbia, Tennessee. The cooperating individual was met by this affiant and they were interviewed about them purchasing crack cocaine from this residence. The cooperating individual advised they could go to the residence, walk inside and purchase crack cocaine. The cooperating individual stated they know the people that live at the residence are selling crack cocaine.
The cooperating individual was searched for any narcotics, paraphernalia, or currency, with none being found. The cooperating individual was provided with an electronic listening device along with photo copied money to purchase the crack cocaine. Sgt. John Ussery, Lt. James Shannon and this affiant rode together monitoring the informant to an area near White Street. This affiant did watch the cooperating individual park [in front] of 509 White Street. This affiant heard, via electronic listening device, the cooperating individual, enter into the residence, and have a conversation with both a male and female subject. The conversation between the cooperating individual and the subjects was consistent with a drug transaction. The cooperating individual was then heard exiting the residence, and seen by this affiant leaving from the roadway [in front] of the residence located at 509 White Street. The cooperating individual was met at a predetermined location where this affiant recovered the purchased product and electronic equipment. This affiant did field test the purchased product with Valtox and the field test did show the product to be positive for having a cocaine base.
A post buy interview with the cooperating individual was performed. The cooperating individual stated they went to the residence located at 509 White Street and after entering the residence they purchased crack cocaine from an unknown black male. The informant stated that after the purchase they left the residence and met this affiant. The cooperating individual was driven by and did ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.