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Criminal Law
: Fourth AmendmentTN: Minimal probable cause enough
By John Wesley Hall, Jr.
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There was minimal probable cause to justify the search of defendant’s car in a murder case. He was the last person seen with her, and he was vague and inconsistent under questioning. State v. Richardson, 2010 Tenn. Crim. App. LEXIS 115 (February 11, 2010)*:
Looking at the case herein, the investigation revealed that Appellant was the last person seen with the victim alive. Officers knew that Appellant had given the victim a ride in the Lumina on the night before the victim's body was discovered. Appellant was vague and inconsistent under questioning about whether the ride Appellant gave the victim was for money or not. The car was parked in a public lot and Appellant had informed the officers that other people had access to the vehicle...continue to full postFull post as published by Fourth Amendment on February 15, 2010 (boomark / email).
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