TN: Multiple mistakes on time of issuance of SW supported suppression under state law

Multiple typos on the time of issuance of the blood warrant (2044, 2244, 2244 pm, 2244 am) resulted in the trial court’s suppressing the warrant. The facts don’t preponderate against the findings of the trial court because the witnesses were inconsistent. The good faith exception won’t be applied. State v. Collier, 2017 Tenn. Crim. App. LEXIS 1036 (Dec. 15, 2017).

“Defendant did not preserve his claim that the search of his bag was not justified by exigent circumstances, and the hearing court did not expressly decide, in response to protest, the particular issue now raised on appeal.” People v. Perez, 2017 NY Slip Op 08722, 2017 N.Y. App. Div. LEXIS 8815 (1st Dept. Dec. 14, 2017).*

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