Divided Tennessee Supreme Court Adopts “Good-Faith Exception” to the Exclusionary Rule
In Tennessee, the protections provided in the Article 1 Section 7 of the state constitution regarding search and seizure have long been held to be identical to the protections provided by the 4th Amendment to the United States Constitution. However, the Tennessee Rules of Evidence do not always track the Federal Rules of Evidence. In criminal cases, this can mean that, even though the...
read moreU.S. Supreme Court Ruling Requires Warrants for Location Information Collected by Cell Phone Carriers
As smart phones have become prevalent in society, questions about how privacy law applies to phone data have become more frequent. Often, apps will make records of very specific geographic locations and gather other information that many people consider to be personal. But that collected data doesn’t stay on the phone; it is sent to the various businesses that provide the apps and...
read moreWhen Your Civil Suit Intersects with a Criminal Prosecution
A version of this article originally appeared as the Monthly Spotlight Article in the Tennessee Tort Law Letter. DPBC attorneys Donald Capparella, Tyler Chance Yarbro, and Elizabeth Sitgreaves serve as editors. To learn about subscribing click here. If you are a tort law practitioner, then it is not unusual to have a criminal case pending alongside a tort case you are handling. This...
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