State v. Wert

I must respectfully- dissent. I agree with the majority that there is no distinction to be made between the United States Constitution and the Tennessee Constitution with regard to their respective provisions against unreasonable searches and seizures.

I do not agree that Katz v. United States, 389 U.S. 347, 88 S.Ct. 507, 19 L.Ed.2d 576 (1967) [hereinafter cited as Katz], has modified Hester v. United States, 265 U.S. 57, 44 S.Ct. 445, 68 L.Ed. 898 (1924) [hereinafter cited as Hester]. Hester is a landmark holding of the United States Supreme Court which distinguishes the protection afforded…