The Tennessee Supreme Court has recently granted review of a case filed by firm attorney Ben Raybin on behalf of his client, Samantha Scott. The case involves a search of a house by law enforcement conducted without a search warrant. Only about 5% of cases submitted to the high court are granted review each year.
After completion of briefing, Ben will participate in oral arguments before the five Justices of the Tennessee Supreme Court.
In this case, the Court of Criminal Appeals issued a divided opinion, with a two-judge majority holding that a warrantless search of the defendant’s house was not illegal under the “inevitable discovery doctrine” because the officers “could have” obtained a search warrant (even though they did not do so). The dissenting opinion argued that ruling was contrary to existing law; moreover, under the facts of the case, the officers would not have had grounds to obtain a search warrant even if they tried.
This will be Ben Raybin’s second case in the Tennessee Supreme Court. In 2015, he successfully litigated State v. Sprunger, a landmark civil asset forfeiture case limiting the government’s power to seize private property.