{"id":7932,"date":"2012-11-06T10:36:33","date_gmt":"2012-11-05T07:21:20","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-11-05T07:21:20","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7932","title":{"rendered":"2 TN cases on their “certified question for appeal”"},"content":{"rendered":"

Knock-and-talk entries could still lead to an entry on exigent circumstances. The failure of the defense to mention exigency in the motions below means that the certified question for appeal might not be dispositive of the case. Therefore, appeal dismissed under state law. State v. Ward<\/a>, 2012 Tenn. Crim. App. LEXIS 907 (November 2, 2012).*<\/p>\n

The same for State v. Finney<\/a>, 2012 Tenn. Crim. App. LEXIS 908 (October 29, 2012):<\/p>\n

In the instant appeal, the defendant’s certified question is overbroad and non-specific. The defendant challenges the validity of an alleged search and an ensuing seizure but does not state the reasons she relied upon in the trial court. From our review of the defendant’s brief and relevant transcripts we discover that the defendant argued in the trial court that: (1) the State did not have the authority to search the defendant’s vehicle simply because it had entered State property, and (2) the consent given by the defendant to the search of her purse was involuntary because no reasonable person [*9] would have felt free to leave or to decline such consent after having been ordered to exit the vehicle. These claims are not frivolous on their face.<\/p>\n

However, the certified question reserved by the defendant in the trial court, as phrased, does not include the “reasons relied upon by defendant in the trial court at the suppression hearing” as required by Preston. …<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-7932","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7932","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=7932"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7932\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7932"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7932"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7932"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}