TN: State’s failure to challenge trial court’s findings entry to curtilage was unreasonable is waiver

Officers had a levy for unpaid court costs, and it wasn’t uncommon for drug officers to come along for the seizure. The record supported the conclusion that defendant did not affirmatively and expressly disclaim or relinquish his privacy interest in his girlfriend’s home, even though defendant said he did not live there. His leaving on foot after answering the deputies’ questions and after they told him he was free to leave was of no consequence. Defendant was locked out of the home and did not possess keys to any of the vehicles parked in the driveway, so he had standing to challenge the subsequent search of the residence. Because the state did not challenge the trial court’s determinations regarding the deputies’ exceeding the scope of a valid levy by entering the curtilage, the trial court did not err by granting defendant’s motion to suppress and by dismissing the case. State v. Watson, 2017 Tenn. Crim. App. LEXIS 262 (April 10, 2017).