State of Tennessee v. Jerry Lewis Tuttle
2017 WL 1246855, 515 S.W.3d 282, 2017 Tenn. LEXIS 190 (2017)
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Rule of Law:
Under Article I, section 7 of the Tennessee Constitution, the standard for determining whether a search warrant affidavit establishes probable cause is the totality-of-the-circumstances analysis from Illinois v. Gates. The rigid, two-pronged Aguilar-Spinelli test previously adopted in State v. Jacumin is overruled.
Facts:
- On March 2, 2012, after a traffic stop, Adrian Davis informed police about a drug trafficking organization (DTO) involving Jerry Tuttle's son, Christopher Tuttle ('Son').
- Davis stated that Son received weekly shipments of 600-700 pounds of marijuana and that Son's 'whole family [was] involved with selling drugs.'
- Police surveillance on March 16, 2012, observed a DTO member meet Son at a gas station, after which both vehicles traveled toward Jerry Tuttle's property on Dugger Road. Officers later observed Son's truck parked in Tuttle's driveway.
- The investigation also relied on information from a 2000 search of the same property, which uncovered an ammunition can containing $112,000 in drug proceeds belonging to Son.
- On April 2, 2012, police intercepted calls arranging a drug transaction between Son and DTO member Cleto Medina.
- Police then surveilled Son and Medina meeting at a gas station and again proceeding towards Tuttle's property. While visual contact was lost, a GPS ping placed Medina's phone on the Dugger Road property.
- On April 11, 2012, police intercepted another call between Son and Medina discussing a weight discrepancy in a recent shipment, indicating an ongoing drug trafficking operation.
Procedural Posture:
- Jerry Lewis Tuttle was indicted by the Maury County Grand Jury.
- Tuttle filed a pre-trial motion in the trial court to suppress evidence from the search, arguing the warrant lacked probable cause.
- After a hearing, the trial court denied the motion to suppress.
- A jury found Tuttle guilty of six offenses, including conspiracy to possess marijuana and conspiracy to commit money laundering.
- The trial court held a post-trial hearing and ordered the forfeiture of over $1 million in cash seized during the search.
- Tuttle, as appellant, appealed to the Court of Criminal Appeals of Tennessee, an intermediate appellate court.
- A majority of the Court of Criminal Appeals reversed the trial court's denial of the suppression motion and vacated the conspiracy convictions, but affirmed the forfeiture order.
- The State, as appellant, was granted permission to appeal to the Supreme Court of Tennessee, the state's highest court.
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Issue:
Does a search warrant affidavit, evaluated under the totality-of-the-circumstances standard, provide sufficient probable cause when it is based on a criminal informant's tip that is substantially corroborated by independent police investigation of ongoing criminal activity?
Opinions:
Majority - Clark, J.
Yes, the affidavit provides sufficient probable cause. The court overrules State v. Jacumin and adopts the totality-of-the-circumstances test from Illinois v. Gates, finding it better suited for the practical, common-sense inquiry of probable cause than the rigid two-pronged Aguilar-Spinelli test. The court reasoned that time has proven the Gates standard is not too nebulous and is more consistent with the deference afforded to magistrates' decisions. Applying this standard, the court found the affidavit provided a substantial basis for the warrant, citing the detailed informant tip from Adrian Davis, extensive police corroboration of innocent and suspicious activities, surveillance of two meetings between Son and DTO members leading to the property, a GPS ping placing a DTO member on the property, and Son's history of using the same property to hide drug proceeds. This cumulative information established a sufficient nexus between the ongoing drug trafficking and the property to be searched.
Analysis:
This decision marks a significant shift in Tennessee's search and seizure jurisprudence by abandoning the state-specific, stricter Aguilar-Spinelli test from Jacumin. By aligning Tennessee's constitutional standard with the federal Gates totality-of-the-circumstances test, the court has adopted a more flexible and less technical standard for evaluating probable cause. This change will likely make it easier for law enforcement to obtain search warrants based on informants' tips, provided there is sufficient corroboration, and brings Tennessee in line with the overwhelming majority of other states.
