TN: Failure to prove def’s nexus to target property made search without PC

The state failed to prove nexus to this property for the search warrant. There was probable cause to search the property of defendant, but what was lacking was his connection to this property. “It provided more than sufficient probable cause to search the two residences of Christopher Tuttle. However, Davis did not provide law enforcement with any information linking Christopher Tuttle to the target residence. Davis also did not mention the Defendant Appellant’s name, that he (Davis) had observed the Defendant-Appellant involved in drug activity, or that any drug activity had previously occurred at the target residence.” State v. Tuttle, 2015 Tenn. Crim. App. LEXIS 725 (September 8, 2015) (concur/dissent).

The juvenile’s admission he had drugs on him justified a search of his backpack. [Which begs the question of why this case went into an historical discussion of the search power. Interesting, but hardly pertinent to the outcome.] In the Interest of I.M.S., 2015 PA Super 188, 2015 Pa. Super. LEXIS 514 (September 8, 2015).*