SB 1677

Present law prohibits evidence that is seized as a result of executing a search warrant issued pursuant to state law or Tennessee Rules of Criminal Procedure Rule 41 , which addresses search and seizure, that is otherwise admissible in a criminal proceeding and not in violation of the federal or state c onstitution s from be ing suppressed as a result of any violation of state search warrant law or any violation of Tennessee Rules of Criminal Procedure Rule 41 if a court determines that such violation was a re sult of a good faith mistake or technical violation made by a law enforcement officer, court official, or the issuing magistrate . A " good faith mistake or technical violation "" means any of the following:  An unintentional clerical error or clerical omission made by a law enforcement officer, court official, or issuing magistrate in the form, preparation, issuance, filing, and handling of copies, or return and inventory of a search warrant .  When the officer to whom the warrant is delivered for execution is not present during the execution but an officer with law enforcement authority over the premises does otherwise execute the search warrant .  A reasonable reliance on a statute that is subsequently ruled unconstitutional; or controlling court precedent that is overruled after the issuance of a search warrant, unless the court overruling the precedent orders the new precedent to be applied retroactively. This bill clarifies that evidence that is otherwise admissible must not be excluded as evidence against the accused on the ground that the evidence was obtained in violation of the Constitution or laws of the United States, or in violation of the Constitution or laws of this state. However, e vidence may be excluded as evidence against the accused if both of the following conditions are met:  The evidence was obtained by deliberate, reckless, or grossly negligent conduct, or by recurring or systemic negligence, that violated the Fourth Amendment to the United States Constitution, as interpreted by the United States supreme court, and as made applicable to the states through the supreme court's interpretations of the Fourteenth Amendment of the United States Constitution .  A refusal to suppress or exclude the evidence would contradict a clearly established holding of the United States supreme court. Additionally, this bill prohibits th e courts of this state from recogniz ing or enforc ing an exclusionary rule under state law that extends beyond the requirements of the federal exclusionary rule, as defined by the United States supreme court. IMMEDIATE INTERLOCUTORY APPEAL This bill authorizes t he state to take an immediate interlocutory appeal directly to the Tennessee supreme court from an order granting a motion to suppress. When the state appeals an order granting a motion to suppress under this bill, this bill requires the Tennessee supreme court do all of the following:  Stay proceedings in the trial court until the appeal is fully resolved .  Expedite consideration of the appeal and resolve the appeal as quickly as possible .  Summarily affirm the order granting a motion to suppress evidence, without requesting merits briefing or holding oral argument, if the state concedes or acknowledges that a clearly established holding of the United States supreme court requires the suppression or exclusion of the evidence, and that the state is appealing to seek reversal or reconsideration of that United States supreme court decision on writ of certiorari. Additionally, this bill authorizes the state to petition for writ of certiorari from any decision of the Tennessee supreme court affirming the exclusion or suppression of the disputed evidence or confession. If the state petitions for certiorari, the stay of proceedings required above must remain in effect until the petition for writ of certiorari is finally disposed of."