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Posted by: Landry Butler on May 31, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Herbert H. Slatery III, Attorney General and Reporter; Rachel E. Willis, Senior Counsel; Tommy A. Thomas, District Attorney General; and Jim Cannon, Assistant District Attorney General, for the appellant, State of Tennessee.

Attorneys 2:

James T. Powell, Union City, Tennessee, for the appellee, Jerome Antonio McElrath.

Judge(s): DYER

The State appeals the suppression of evidence by the Obion County Circuit Court. The defendant, Jerome Antonio McElrath, was arrested on two separate occasions for criminal trespass. The searches of the defendant’s person incident to those arrests produced marijuana in the amounts of 10.1 grams and 4.0 grams, respectively. After an evidentiary hearing, the trial court granted the defendant’s motion to suppress the evidence seized incident to his arrests and dismissed the charges. The State argues that the arresting officer had probable cause to arrest the defendant and, therefore, the search incident to each arrest was lawful. Furthermore, the State contends that the evidence was legally obtained because the officer acted in good-faith reliance on information provided by dispatch. After review, we affirm the decision of the trial court.