State v. Gant

MITCHELL, Judge.

OPINION

John Henry Gant was serving a sentence in the State Penitentiary at Nashville. Agents of the Tennessee Department of Corrections searched Gant’s cell without a search warrant and found in his possession an illegal controlled substance described as dope or narcotics. Gant was indicted and brought to trial.

On or about November 30, 1973, the trial judge of Division Two of the Criminal Court of Davidson County, Tennessee, on motion of Gant, suppressed the evidence on the ground that the search of Gant’s cell was without a search warrant, and in violation of the prisoner’s…