Exclusionary Rule, Good Faith Exception

Unless otherwise indicated, all indented material is copied directly from the court’s opinion.

Decisions of the Tennessee Supreme Court

State v. McElrath, No. W2015-01794-SC-R11-CD, No. W2015-01958-SC-R11-CD (consolidated on appeal), 569 S.W.3d 565 (Tenn. 2019).

The facts in this matter are not in dispute. Rather, our review is limited to whether the Court of Criminal Appeals properly declined to apply the good-faith exception [to the exclusionary rule] espoused in Herring v. United States, 555 U.S. 135, 129 S.Ct. 695, 172 L.Ed.2d 496 (2009). We review this question of law de novo, with no presumption of correctness. State v. Hawkins, 519 S.W.3d 1, 32-33 (Tenn. 2017) (citing State v. Walton, 41 S.W.3d 75, 81 (Tenn. 2001) ); State v. Turner, 297 S.W.3d 155, 160 (Tenn. 2009) (citations omitted).

Decisions of the Tennessee Court of Criminal Appeals


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