Lee Davis: Tiny Typo Leads To Flawed Warrant And Excluded Evidence

Tuesday, January 08, 2013 - by Lee Davis
Lee Davis
Lee Davis
What may have seemed like a small typo on a warrant amounted to enough reason for a judge to prevent prosecutors from using evidence collected as a result of the raid. The case involves a search of a Knox County driving school, a company operated by a retired homicide investigator.

The former murder detective, Don Wiser, has been accused of taking money in exchange for handing over certificates for having completed his driving school. The Sherriff’s Office says it raided Wiser’s office after two undercover officers went to the school and walked out with paperwork claiming they’d attended a 16-hour course when they really only spent two hours at the facility. Wiser vehemently denies the charges and says he is being targeted by the Sheriff’s department because he’s operating a competing driving school that has taken money away from the county.


So far Wiser appears to have clearly won the first round of the legal battle. His defense attorney pointed out that there was an error in the search warrant used by Knox County sheriff’s officers when they raided his business. What was the trouble exactly? The wrong date appeared on the paperwork.

The raid was carried out at his business on April 14, 2012, but the search warrant incorrectly listed the year as 2011. The Assistant District Attorney in charge of the case pointed out that there were several other places on the warrant that clearly indicated the year was 2012 and that the typo only occurred once. However, this was not enough for Knox County Criminal Court Judge Steve Sword.

Judge Sword said that while he might have agreed with prosecutors that the error was simply a typo, it did not matter because state law on the subject is clear. He said Tennessee rules left him no choice but to throw out the warrant as legally flawed. Given the flaw in the warrant, all evidence collected as a result of the warrant was also excluded as fruit of the poisonous tree.

Tennessee is one state that does not recognize the concept known as “good faith exception”. Other states and the federal system rely on the principle which says that so long as an officer has good faith in believing that the warrant he or she is exercising is valid, the evidence obtained as a result of such a good faith search can still be used.

In this case, the warrant says that the information used a basis for the search was obtained a year before the warrant was actually executed. That long of a gap makes the information too old to act on and thus an improper basis for the search.

Read: Judge: Typo on search warrant of business means it's no good,” by Jamie Satterfield, published at KnoxNews.com.

(Lee Davis is a Chattanooga attorney who can be reached at lee@davis-hoss.com or at 266-0605.)


Attorney General Slatery Names Solicitor General

Tennessee Attorney General Herbert Slatery announced that Andrée Sophia Blumstein will join the office as solicitor general.   Mrs. Blumstein will oversee appellate litigation in state and federal courts, review written opinions, and advise the attorney general. “I could not be more pleased that Andrée has accepted this important appointment,” Attorney General Slatery ... (click for more)

CapitalMark 3rd Quarter Earnings Up 20%

CapitalMark Bank & Trust on Thursday reported earnings for the third quarter ended September 30, 2014. Net income for the quarter was $1.52 million compared to $1.27 million for the same quarter 2013. Net income for the nine months ended was $4.8 million, an increase of 32% from the same period in 2013. Net income per fully diluted common share increased 33% from the same nine ... (click for more)

Mayor Berke, Chattanooga Police Department, And Community Members Reach Out To Group Members To End Violence

The city of Chattanooga held a call-in on Thursday night, as part of the Violence Reduction Initiative. Dozens of law enforcement officials, community members, social service providers and clergy gathered to deliver a message to over 20 members of violent groups in Chattanooga. Family members of the probationers watched the call-in from another building. Although the call-in was ... (click for more)

Tribute Service For Luther Masingill Held At Historic Engel Stadium

It took a place as big as historic Engel Stadium for Chattanooga to say goodbye to their beloved Luther. Hundreds came Thursday afternoon to pay tribute to Luther Masingill who died early Monday morning after a radio career that spanned an amazing 74 years. It was clear from all who spoke that he was considered not only a radio personality, but also a role model. One after ... (click for more)

Chairs Cost How Much?

Many times while growing up, I would go to the store with my parents. More often than not, I would see something I wanted, and ask my parents to buy it for me. More often than not, they said no. “Why?” I asked. “Son, money doesn’t grow on trees.” That’s a phrase I’m sure many of us have heard more than once over the course of our lives. However, I have since learned that they were ... (click for more)

Roy Exum: Pete Carroll’s Philosophy

Pete Carroll, the head football coach of the Seattle Seahawks, has a deep belief that he can change people by simply listening to them and then making suggestions on how they can get what they really want. If the people Carroll who can influence win, Carroll wins, and remember his team won last year’s Super Bowl with his methods.   When asked for example, here is what ... (click for more)