Official Summary Text
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.
Current Bill Text
Read the full stored bill text
SENATE BILL 1677
By Roberts
HOUSE BILL 1475
By Bulso
HB1475
010265
- 1 -
AN ACT to amend Tennessee Code Annotated, Title 40,
relative to evidence.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 40-6-108, is amended by adding the
following new subsections:
(d) Notwithstanding another law, evidence that is otherwise admissible shall 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 Tennessee, except as provided by subsection (e).
(e) Evidence may be excluded as evidence against the accused if each of the
following conditions is met:
(1) 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; and
(2) A refusal to suppress or exclude the evidence would contradict a
clearly established holding of the United States supreme court.
(f) The courts of this state may not recognize or enforce an exclusionary rule
under Tennessee law that extends beyond the requirements of the federal exclusionary
rule, as defined by the United States supreme court.
- 2 - 010265
(g) An order granting a motion to suppress evidence is subject to immediate
interlocutory appeal directly to the Tennessee supreme court as provided in § 40-26-
106.
SECTION 2. Tennessee Code Annotated, Title 40, Chapter 26, is amended by adding
the following new section:
40-26-106.
(a) The state may take an immediate interlocutory appeal directly to the
Tennessee supreme court from an order granting a motion to suppress.
(b) When the state appeals an order granting a motion to suppress under this
section, the Tennessee supreme court shall:
(1) Stay proceedings in the trial court until the appeal is fully resolved;
(2) Expedite consideration of the appeal and resolve the appeal as
quickly as possible; and
(3) 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.
(c) The state may 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 by subdivision (b)(1) shall remain in effect until the petition for writ of certiorari is
finally disposed of.
- 3 - 010265
SECTION 3. This act takes effect July 1, 2026, the public welfare requiring it, and
applies to actions occurring on or after that date.