[DOWNLOAD] "United States V. Proffitt" by Sixth Circuit U.S. Court of Appeals ~ Book PDF Kindle ePub Free

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eBook details

• Title: United States V. Proffitt
• Author : Sixth Circuit U.S. Court of Appeals
• Release Date : January 19, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

MILBURN, Circuit Judge. Pursuant to 18 U.S.C. § 3731, the United States of America (No. 94-5198), appeals the district court's order granting the motion of defendant Orlen Vick Proffitt to suppress evidence seized from his property on June 11, 1992, following a warrantless administrative search conducted pursuant to Tennessee Code Annotated ("Tenn. Code Ann.") § 55-5-108. Intervenor, the State of Tennessee (No. 94-5424), appeals the district court's order denying its motion to intervene in this action pursuant to 28 U.S.C. § 2403(b), concerning the question of the constitutionality of Tenn. Code Ann. § 55-5-108(a)(3). On appeal, the issues are (1) whether Tenn. Code Ann. § 55-5-108 is constitutional and whether the actions of Tennessee agents in performing a warrantless administrative search pursuant to the statute were lawful; (2) whether, if it should be determined that Tenn. Code Ann. § 55-5-108 is unconstitutional, the actions of the Tennessee agents are lawful since they acted in good faith reliance on a state statute; and (3) whether the observation of the stolen truck on defendant's property by the Tennessee agents, falls within the open fields exception to the Fourth Amendment. For the reasons that follow, we reverse.

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