State v. Gambrel

OPINION

SCOTT, Judge.

The state has appealed from the judgment of the trial court granting a motion to suppress the fruits of a search pursuant to a search warrant. 1 The trial judge found that the issuing magistrate failed to retain an exact copy of the search warrant as required by Rule 41(c), Tenn.R.Crim.P., in that the copy retained by the magistrate was “not legible enough to comply with this rule.” The trial judge found that there was no evidence that the original search warrant was altered in any way after issuance. Further, he found that there was no prejudice to the appellees from the…