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Posted by: Suzanne Craig Robertson on Apr 15, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Phillip K. Baddour (at trial) and A. Colbrook Baddour (at trial and on appeal), Pulaski, Tennessee, for the appellant, Tommy Kaye Thompson.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Jeffrey D. Zentner, Assistant Attorney General; T. Michael Bottoms, District Attorney General; and Beverly Jo White, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

During the search of a recreational vehicle (“RV”) belonging to the defendant, Tommy Kaye Thompson, police uncovered approximately eight ounces of marijuana, two sets of scales, plastic baggies, and numerous firearms. The defendant challenged the search on the grounds that the search warrant, which was targeted at recovering security equipment allegedly stolen by the defendant’s grandson, was issued for a search of the house on the defendant’s property but did not extend to the RV, which was parked on a neighboring lot and tethered to the defendant’s property through an electrical cord. The trial court denied the motion to suppress, and a jury convicted the defendant of the possession of not less than one-half ounce or more than ten pounds of marijuana with the intention to sell, a Class E felony, and possession of drug paraphernalia, a Class A misdemeanor. He was acquitted of a firearms offense. On appeal, the defendant asserts that the trial court erred in denying his motion to suppress because the RV was outside the scope of the search warrant. We conclude that the search warrant authorized the search of the RV, and we accordingly affirm the judgments of the trial court.