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E.D.Tenn.: While court issuing search warrant was not a "court of record," suppression not ordered

By John Wesley Hall, Jr.

A Tennessee General Sessions court judge was not a court of record, but a search warrant issued by that court that results in evidence in federal court is not subject to suppression for that reason alone under Rule 41. United States v. Green, 2010 U.S. Dist. LEXIS 88325 (E.D. Tenn. July 2, 2010): There was no evidence presented to support a finding that the search warrant would not have been issued had Johnson gone to a federal magistrate judge or that the search would have been less abrasive had he done so. In addition, there is no evidence of intentional or deliberate disregard of Rule 41. Johnson testified he routinely conducts narcotics investigations as a detective for the Marion County Sheriff's Department and, in doing so, he routinely obtains search warrants from the Marion County General Sessions Judge...continue to full post

Full post as published by Fourth Amendment on August 30, 2010 (boomark / email).