A new law aimed at easing restrictions regarding search warrants will take effect July 1, 2011 in Tennessee. Law enforcement has been lobbying for the bill for years claiming that the consequences for one small mistake in a search warrant are too harsh and could result in criminals getting away serious charges.

This year, Rep. Eric Watson, R-Cleveland and Sen. Randy McNally, R-Oak Ridge finally decided to listen to the requests of Tennessee law enforcement. The Exclusionary Rule Reform Act will take effect starting next month. However, the new law has many questioning the judicial system and whether the bill violates an individual's rights.

Traditionally, Tennessee courts have maintained strict standards when it comes to search warrants in criminal cases. Law enforcement must follow specific guidelines when obtaining and executing a search warrant in order to ensure that an individual's rights are not being violated during a criminal investigation. In Tennessee, there are consequences if a police officer or other official fails to properly execute a search warrant.

The Metro Police chief stated, "Significant amounts of drugs or other evidence can be totally excluded from cases due to a totally innocent typo [on a search warrant]."

In one case, a Tennessee man who was sentenced to 29 years in prison in 2007 suddenly had his conviction reversed in an appeals court due to a typo in a search warrant. When police executed the search warrant at the man's Nashville home, they discovered bricks of marijuana, drug paraphernalia and 400 grams of cocaine. However, a judge tossed the evidence out when it was discovered that the search warrant was not accurate.

We will continue this discussion later this week on our Nashville drug charges blog.

Source

The Tennessean: "Warrant restrictions ease," Brian Haas, 30 May 2011