Legal Opinion · Dissent

State of Tennessee v. James Robert Christensen, Jr.

Tennessee Supreme Court

Decided April 7, 2017No. W2014-00931-SC-R11-CDPublished

1DissentSharon G. Lee, J.

The maxim, “every man’s house is his castle,” is deeply rooted in our jurisprudence. Weeks v. United States, 232 U.S. 383, 390, 34 S.Ct. 341, 58 L.Ed. 652 (1914). It applies whether the house is a castle or a cottage—a mansion or a mobile home.1 The right to retreat into the privacy of one’s home and be free from governmental intrusion is a basic tenet of the Fourth Amendment to the United States Constitution and Article I, section 7 of the Tennessee Constitution. Our homes and adjoining land are protected spaces; governmental officers must have a warrant, absent special circumstances, to…

2Cases cited35 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. Weeks v. United StatesSupreme Court of the United States · 1914
  3. Oliver v. United StatesSupreme Court of the United States · 1984
  4. Florida v. JardinesSupreme Court of the United States · 2013
  5. Silverman v. United StatesSupreme Court of the United States · 1961

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