Thursday, April 6, 2017

State v. Jacumin has been over-turned by the Tennessee Supreme Court!


The Tennessee Supreme Court has adopted the totality of the circumstances test, as defined by the United States Supreme Court decision in Illinois v. Gates, 462 U.S. 213 (1983). The former two-pronged test used in Tennessee for assessing the reliability of information for probable cause determinations, known as the Aguilar-Spinelli test, has been abandoned in favor of the Gates test. The totality of the circumstances test is a much more elastic test and may have a profound impact on current and future court cases across the state!


STATE OF TENNESSEE v. JERRY LEWIS TUTTLE
M2014-00566-SC-R11-CD  (Tenn. April 5, 2017)