Legal Opinion

State v. McElrath

Tennessee Supreme Court

Decided March 12, 2019No. W2015-01794-SC-R11-CD; No. W2015-01958-SC-R11-CD (consolidated on appeal)PublishedCited by 5 opinions

1Opinion of the CourtRoger A. Page, J.

*567We granted the State's permission to appeal in this case to determine whether to adopt, as a matter of state law, the good-faith exception to the exclusionary rule set forth by the United States Supreme Court in Herring v. United States , 555 U.S. 135, 129 S.Ct. 695, 172 L.Ed.2d 496 (2009), and if so, whether the Herring good-faith exception permits introduction of the evidence in this case. A Union City police officer arrested the defendant without a warrant because he was on a list of individuals who had been "barred" from housing authority property. The list in question was maintained by…

2Cases cited77 opinions

  1. Illinois v. GatesSupreme Court of the United States · 1983
  2. Katz v. United StatesSupreme Court of the United States · 1967
  3. Coolidge v. New HampshireSupreme Court of the United States · 1971
  4. United States v. LeonSupreme Court of the United States · 1984
  5. Schmerber v. CaliforniaSupreme Court of the United States · 1966

72 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Harris County Flood Control District v. Lance Halstead, Texas Court of Appeals, 14th District (Houston)2022
  2. STATE OF TENNESSEE v. CHRISTOPHER MCLAWHORNCourt of Criminal Appeals of Tennessee · 2020
  3. State of Tennessee v. Robert Lawrence RyderCourt of Criminal Appeals of Tennessee · 2025
  4. State of Tennessee v. Ronald Andrew ArcheyCourt of Criminal Appeals of Tennessee · 2025
  5. Terry Rainwaters v. Tennessee Wildlife Resources AgencyCourt of Appeals of Tennessee · 2024

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