Tennessee Supreme Court Adopts Good Faith Exception to Exclusionary Rule - Articles

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Posted by: Katharine Heriges on Mar 12, 2019
The Tennessee Supreme Court has adopted a good-faith exception similar to one set forth by the United States Supreme Court in Herring v. United States, which held “that when police mistakes are the result of negligence . . . rather than systemic error or reckless disregard of constitutional requirements,” the evidence is not subject to the exclusionary rule. The court was divided, with Justice Roger Page authoring the majority opinion, and both Justice Holly Kirby and Justice Sharon Lee authoring separate opinions which concurred and dissented in part.