Tennessean: Opinion | Tennessee Supreme Court must resist chipping away at Fourth Amendment rights by David L. Hudson:
One of the major bulwarks of individual liberty in the United States of America is the Fourth Amendment, which protects people from “unreasonable searches and seizures” by government agents. The Tennessee Constitution contains a similar provision called Article I, Section 7.
Individual privacy erodes if government officials can search and seize individuals without consequence. For this reason, both the U.S. Supreme Court and the Tennessee Supreme Court years ago adopted what is known as the exclusionary rule. Under this concept, if law enforcement violates the Fourth Amendment or Article I, Section 7 in acquiring incriminating evidence, that evidence is excluded or suppressed.
This is a product of a change of personnel on the Tennessee Supreme Court. The good faith exception gets adopted, then Gates’s “soft standard” of probable cause.