A Tennessee General Sessions court judge was not a court of record, but a search warrant issued by that court that results in evidence in federal court is not subject to suppression for that reason alone under Rule 41. United States v. Green, 2010 U.S. Dist. LEXIS 88325 (E.D. Tenn. July 2, 2010):<\/p>\n
There was no evidence presented to support a finding that the search warrant would not have been issued had Johnson gone to a federal magistrate judge or that the search would have been less abrasive had he done so. In addition, there is no evidence of intentional or deliberate disregard of Rule 41. Johnson testified he routinely conducts narcotics investigations as a detective for the Marion County Sheriff’s Department and, in doing so, he routinely obtains search warrants from the Marion County General Sessions Judge. The investigation involving Charles Green was initiated as part of his duties with the Marion County Sheriff’s Department, and Johnson was simply following his normal routine in obtaining the search warrant at issue from the General Sessions Judge. There was no intentional attempt to skirt Rule 41. Accordingly, even if Rule 41 did apply, the exclusionary rule does not.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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