TN: Independent probable cause for vehicle and SW overcame illegal seizure of the keys

The trial court concluded that the seizure of the keys to a pickup truck should be suppressed, and the record supports that finding. Seizure of evidence from the bed of the pickup truck, however, is not a product of the illegal seizure of the keys. Also, a search warrant had been issued for the truck on separate probable case. State v. Ostein, 2012 Tenn. Crim. App. LEXIS 833 (October 9, 2012)*:

The evidence at the suppression hearing was that the Ford F-150’s location and its registration to Dean were confirmed entirely independently of the key and remote seized from Ostein. The uncontradicted testimony was that the keys and remote were not used to locate the truck. Furthermore the truck bed where the evidence was found was locked and had to be pried open because no key on the key ring and remote unlocked the lid. A drug canine “hit” on the bed of the truck, and a confidential informant stated Ostein’s “stash” was in the truck. The Ford F-150 was not searched until after the search warrant had been issued, and the search warrant authorized the officers to search any vehicle, found in proximity to 1314 Acklen Avenue, with a nexus to persons present at 1314 Acklen Avenue. As discussed above, Ostein did not challenge issuance of the search warrant or the search conducted pursuant to the warrant except to allege the search was a fruit of the illegally seized keys and remote. Based upon this evidence and the above-cited law, we conclude that the trial court erred by suppressing the cocaine and money found in the bed of the F-150 pickup truck. The search of the bed of the Ford F-150 was not the fruit of the seizure of keys and remote from Ostein.