probable cause standard (Tennessee) · Go Syfert
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probable cause standard in Tennessee

51 Tennessee opinions name it 3 courts 1972–2025 6 in the last five years

The cases below were cited by Tennessee courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (49)

CaseFollowedCited
State v. Jacumingreen
tenn · 1989 · cited in 8 Tennessee opinions naming this issue, 1995–2025
2 sentences

2016Probable cause is “more than a mere suspicion,” State v. Lawrence, 154 S.W.3d 71, 76 (Tenn. 2005), but less than absolute certainty, see State v. Melson, 638 S.W.2d 342, 350 (Tenn. 1982). “[T]he strength of the evidence necessary to establish probable cause to arrest is significantly less than the strength of evidence necessary to find a defendant guilty beyond a reasonable doubt.” State v. Bishop, 431 S.W.3d 22, 41 (Tenn. 2014); see also Adams v. Williams, 407 U.S. 143, 148-49 (1972) (“Probable cause does not require the same type of specific evidence of each element of the offense as would b

2016Probable cause is “more than a mere suspicion,” State v. Lawrence, 154 S.W.3d 71, 76 (Tenn. 2005), but less than absolute certainty, see State v. Melson, 638 S.W.2d 342, 350 (Tenn. 1982). “[T]he strength of the evidence necessary to establish probable cause to arrest is significantly less than the strength of evidence necessary to find a defendant guilty beyond a reasonable doubt.” State v. Bishop, 431 S.W.3d 22, 41 (Tenn. 2014); see also Adams v. Williams, 407 U.S. 143, 148-49 , 92 S.Ct. 1921 , 32 L.Ed.2d 612 (1972) (“Probable cause does not require the same type of specific evidence of each

68
Brinegar v. United Statesgreen
scotus · 1949 · cited in 8 Tennessee opinions naming this issue, 1989–2021
2 sentences

2021“Probable cause is more than a mere suspicion but less than absolute certainty.” Id. (internal citations and quotation marks omitted). “[T]he strength of the evidence necessary to establish probable cause . . . is significantly less than the strength of evidence necessary to find a defendant guilty beyond a reasonable doubt.” State v. Bishop, 431 S.W.3d 22, 41 (Tenn. 2014); see also Brinegar v. U.S., 69 S. Ct. 1302 (1949) (discussing the differences between the probable cause standard and the standard for proving guilt beyond a reasonable doubt).

2021“These [probabilities] are not technical; they are the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act.” Brinegar, 69 S. Ct. 1302 ; see also Reynolds, 504 S.W.3d at 300 (recognizing that the probable cause standard is practical and nontechnical).

68
State of Tennessee v. Corrin Kathleen Reynoldsgreen
tenn · 2016 · cited in 6 Tennessee opinions naming this issue, 2017–2025
2 sentences

2025The probable cause standard is “practical, nontechnical,” and “focuse[d] upon the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act[.]” Reynolds, 504 S.W.3d at 300 (citations and internal quotation marks omitted). “‘Determinations of probable cause are extremely fact-dependent.’” Tuttle, 515 S.W.3d at 300 (quoting Bell, 429 S.W.3d at 534-35 ).

2021“These [probabilities] are not technical; they are the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act.” Brinegar, 69 S. Ct. 1302 ; see also Reynolds, 504 S.W.3d at 300 (recognizing that the probable cause standard is practical and nontechnical).

66
State v. Melsongreen
tenn · 1982 · cited in 6 Tennessee opinions naming this issue, 2014–2016
2 sentences

2016Probable cause is “more than a mere suspicion,” State v. Lawrence, 154 S.W.3d 71, 76 (Tenn. 2005), but less than absolute certainty, see State v. Melson, 638 S.W.2d 342, 350 (Tenn. 1982). “[T]he strength of the evidence necessary to establish probable cause to arrest is significantly less than the strength of evidence necessary to find a defendant guilty beyond a reasonable doubt.” State v. Bishop, 431 S.W.3d 22, 41 (Tenn. 2014); see also Adams v. Williams, 407 U.S. 143, 148-49 (1972) (“Probable cause does not require the same type of specific evidence of each element of the offense as would b

2016Probable cause is “more than a mere suspicion,” State v. Lawrence, 154 S.W.3d 71, 76 (Tenn. 2005), but less than absolute certainty, see State v. Melson, 638 S.W.2d 342, 350 (Tenn. 1982). “[T]he strength of the evidence necessary to establish probable cause to arrest is significantly less than the strength of evidence necessary to find a defendant guilty beyond a reasonable doubt.” State v. Bishop, 431 S.W.3d 22, 41 (Tenn. 2014); see also Adams v. Williams, 407 U.S. 143, 148-49 (1972) (“Probable cause does not require the same type of specific evidence of each element of the offense as would b

46
Draper v. United Statesgreen
scotus · 1959 · cited in 5 Tennessee opinions naming this issue, 2014–2016
2 sentences

2016Probable cause is “more than a mere suspicion,” State v. Lawrence, 154 S.W.3d 71, 76 (Tenn. 2005), but less than absolute certainty, see State v. Melson, 638 S.W.2d 342, 350 (Tenn. 1982). “[T]he strength of the evidence necessary to establish probable cause to arrest is significantly less than the strength of evidence necessary to find a defendant guilty beyond a reasonable doubt.” State v. Bishop, 431 S.W.3d 22, 41 (Tenn. 2014); see also Adams v. Williams, 407 U.S. 143, 148-49 (1972) (“Probable cause does not require the same type of specific evidence of each element of the offense as would b

2016Probable cause is “more than a mere suspicion,” State v. Lawrence, 154 S.W.3d 71, 76 (Tenn. 2005), but less than absolute certainty, see State v. Melson, 638 S.W.2d 342, 350 (Tenn. 1982). “[T]he strength of the evidence necessary to establish probable cause to arrest is significantly less than the strength of evidence necessary to find a defendant guilty beyond a reasonable doubt.” State v. Bishop, 431 S.W.3d 22, 41 (Tenn. 2014); see also Adams v. Williams, 407 U.S. 143, 148-49 , 92 S.Ct. 1921 , 32 L.Ed.2d 612 (1972) (“Probable cause does not require the same type of specific evidence of each

35
State of Tennessee v. Courtney Bishopgreen
tenn · 2014 · cited in 3 Tennessee opinions naming this issue, 2016–2021
2 sentences

2021“Probable cause is more than a mere suspicion but less than absolute certainty.” Id. (internal citations and quotation marks omitted). “[T]he strength of the evidence necessary to establish probable cause . . . is significantly less than the strength of evidence necessary to find a defendant guilty beyond a reasonable doubt.” State v. Bishop, 431 S.W.3d 22, 41 (Tenn. 2014); see also Brinegar v. U.S., 69 S. Ct. 1302 (1949) (discussing the differences between the probable cause standard and the standard for proving guilt beyond a reasonable doubt).

2017“Probable cause is more than a mere suspicion but less than absolute certainty.” Id. (internal citations and quotation marks omitted). “[T]he strength of the evidence necessary to establish probable cause ... is significantly less than the strength of evidence necessary to find a defendant guilty beyond a reasonable doubt.” State v. Bishop, 431 S.W.3d 22, 41 (Tenn. 2014); see also Brinegar v. United States, 338 U.S. 160, 174 , 69 S.Ct. 1302 , 93 L.Ed. 1879 (1949) (discussing the differences between the probable cause standard and the standard for proving guilt beyond a reasonable doubt).

33
State of Tennessee v. William Whitlow Davis, Jr.green
tenn · 2016 · cited in 3 Tennessee opinions naming this issue, 2016–2019
2 sentences

2016As our supreme court recently reiterated, “Probable cause exists when „at the time of the arrest, the facts and circumstances within the knowledge of the officers, and of which they had reasonably trustworthy information, are sufficient to warrant a prudent person in believing that the defendant had committed or was committing an offense.‟ It requires „more than a mere suspicion.‟ Instead, a probable cause inquiry focuses on probabilities rather than technicalities and is grounded in the factual and practical considerations of everyday life on which reasonable and prudent people, not legal tec

2016Probable cause is “more than a mere suspicion,” State v. Lawrence, 154 S.W.3d 71, 76 (Tenn. 2005), but less than absolute certainty, see State v. Melson, 638 S.W.2d 342, 350 (Tenn. 1982). “[T]he strength of the evidence necessary to establish probable cause to arrest is significantly less than the strength of evidence necessary to find a defendant guilty beyond a reasonable doubt.” State v. Bishop, 431 S.W.3d 22, 41 (Tenn. 2014); see also Adams v. Williams, 407 U.S. 143, 148-49 (1972) (“Probable cause does not require the same type of specific evidence of each element of the offense as would b

33
State of Tennessee v. Jerry Lewis Tuttlegreen
tenn · 2017 · cited in 4 Tennessee opinions naming this issue, 2019–2025
2 sentences

2025The probable cause standard is “practical, nontechnical,” and “focuse[d] upon the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act[.]” Reynolds, 504 S.W.3d at 300 (citations and internal quotation marks omitted). “‘Determinations of probable cause are extremely fact-dependent.’” Tuttle, 515 S.W.3d at 300 (quoting Bell, 429 S.W.3d at 534-35 ).

2020The probable cause standard is “practical, nontechnical” and “focuses upon the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act[.]” Reynolds, 504 S.W.3d at 300 (citations and internal quotation marks omitted). “‘Determinations of probable cause are extremely fact-dependent.’” Tuttle, 515 S.W.3d at 300 (quoting State v. Bell, 429 S.W.3d 524, 534-35 (Tenn. 2014)). 3 The Fourth Amendment, applicable to the States through the Fourteenth Amendment, states: The right of the people to be secure in their persons, houses, papers, and

24
State of Tennessee v. Travis Kinte Echolsgreen
tenn · 2012 · cited in 3 Tennessee opinions naming this issue, 2014–2016
2 sentences

2016Probable cause is “more than a mere suspicion,” State v. Lawrence, 154 S.W.3d 71, 76 (Tenn. 2005), but less than absolute certainty, see State v. Melson, 638 S.W.2d 342, 350 (Tenn. 1982). “[T]he strength of the evidence necessary to establish probable cause to arrest is significantly less than the strength of evidence necessary to find a defendant guilty beyond a reasonable doubt.” State v. Bishop, 431 S.W.3d 22, 41 (Tenn. 2014); see also Adams v. Williams, 407 U.S. 143, 148-49 (1972) (“Probable cause does not require the same type of specific evidence of each element of the offense as would b

2016Probable cause is “more than a mere suspicion,” State v. Lawrence, 154 S.W.3d 71, 76 (Tenn. 2005), but less than absolute certainty, see State v. Melson, 638 S.W.2d 342, 350 (Tenn. 1982). “[T]he strength of the evidence necessary to establish probable cause to arrest is significantly less than the strength of evidence necessary to find a defendant guilty beyond a reasonable doubt.” State v. Bishop, 431 S.W.3d 22, 41 (Tenn. 2014); see also Adams v. Williams, 407 U.S. 143, 148-49 , 92 S.Ct. 1921 , 32 L.Ed.2d 612 (1972) (“Probable cause does not require the same type of specific evidence of each

23
Felix Tamez v. City Of San Marcos, Texasgreen
ca5 · 1997 · cited in 2 Tennessee opinions naming this issue, 2020–2021
2 sentences

2021Tamez v. City of San Marcos, 118 F.3d 1085, 1093 (5th Cir. 1997) (citing David Orlin, et al., Warrantless Searches and Seizures, 85 Geo.

2020Tamez v. City of San Marcos, 118 F.3d 1085, 1093 (5th Cir. 1997) (citing David Orlin, et al., Warrantless Searches and Seizures, 85 Geo.

22
State v. Marsalagreen
conn · 1990 · cited in 2 Tennessee opinions naming this issue, 2016–2016
2 sentences

2016Thus, these cases are distinguishable. 4 See Marsala, 579 A.2d at 59 (concluding that the Leon good-faith exception is incompatible with the Connecticut Constitution); Dorsey v. State, 761 A.2d 807, 820 (Del. 2000) (finding that there can be no good-faith exception when the probable cause requirement in the Delaware Constitution is not met); Gary v. State, 422 S.E.2d 426, 429 (Ga. 1992) (holding that based on the unequivocal language of Georgia’s statutory exclusionary rule, “adopting the Leon good-faith exception would be tantamount to judicial legislation”); State v. Guzman, 842 P.2d 660, 67

2016Thus, these cases are distinguishable. .See Marsala, 579 A.2d at 59 (concluding that the Leon good-faith exception is incompatible with the Connecticut Constitution); Dorsey v. State, 761 A.2d 807, 820 (Del. 2000) (finding that there can be no good-faith ex ception when the probable cause requirement in the Delaware Constitution is not met); Gary v. State, 262 Ga. 573 , 422 S.E.2d 426, 429 (1992) (holding that based on the unequivocal language of Georgia's statutory exclusionary rule, “adopting the Leon good-faith exception would be tantamount to judicial legislation”); State v. Guzman, 122 Id

22
State v. Clinegreen
iowa · 2000 · cited in 2 Tennessee opinions naming this issue, 2016–2016
2 sentences

2016Thus, these cases are distinguishable. 4 See Marsala, 579 A.2d at 59 (concluding that the Leon good-faith exception is incompatible with the Connecticut Constitution); Dorsey v. State, 761 A.2d 807, 820 (Del. 2000) (finding that there can be no good-faith exception when the probable cause requirement in the Delaware Constitution is not met); Gary v. State, 422 S.E.2d 426, 429 (Ga. 1992) (holding that based on the unequivocal language of Georgia’s statutory exclusionary rule, “adopting the Leon good-faith exception would be tantamount to judicial legislation”); State v. Guzman, 842 P.2d 660, 67

2016Thus, these cases are distinguishable. .See Marsala, 579 A.2d at 59 (concluding that the Leon good-faith exception is incompatible with the Connecticut Constitution); Dorsey v. State, 761 A.2d 807, 820 (Del. 2000) (finding that there can be no good-faith ex ception when the probable cause requirement in the Delaware Constitution is not met); Gary v. State, 262 Ga. 573 , 422 S.E.2d 426, 429 (1992) (holding that based on the unequivocal language of Georgia's statutory exclusionary rule, “adopting the Leon good-faith exception would be tantamount to judicial legislation”); State v. Guzman, 122 Id

22
State v. Canelogreen
nh · 1995 · cited in 2 Tennessee opinions naming this issue, 2016–2016
2 sentences

2016Thus, these cases are distinguishable. 4 See Marsala, 579 A.2d at 59 (concluding that the Leon good-faith exception is incompatible with the Connecticut Constitution); Dorsey v. State, 761 A.2d 807, 820 (Del. 2000) (finding that there can be no good-faith exception when the probable cause requirement in the Delaware Constitution is not met); Gary v. State, 422 S.E.2d 426, 429 (Ga. 1992) (holding that based on the unequivocal language of Georgia’s statutory exclusionary rule, “adopting the Leon good-faith exception would be tantamount to judicial legislation”); State v. Guzman, 842 P.2d 660, 67

2016Thus, these cases are distinguishable. .See Marsala, 579 A.2d at 59 (concluding that the Leon good-faith exception is incompatible with the Connecticut Constitution); Dorsey v. State, 761 A.2d 807, 820 (Del. 2000) (finding that there can be no good-faith ex ception when the probable cause requirement in the Delaware Constitution is not met); Gary v. State, 262 Ga. 573 , 422 S.E.2d 426, 429 (1992) (holding that based on the unequivocal language of Georgia's statutory exclusionary rule, “adopting the Leon good-faith exception would be tantamount to judicial legislation”); State v. Guzman, 122 Id

22
State v. Novembrinogreen
nj · 1987 · cited in 2 Tennessee opinions naming this issue, 2016–2016
2 sentences

2016Thus, these cases are distinguishable. 4 See Marsala, 579 A.2d at 59 (concluding that the Leon good-faith exception is incompatible with the Connecticut Constitution); Dorsey v. State, 761 A.2d 807, 820 (Del. 2000) (finding that there can be no good-faith exception when the probable cause requirement in the Delaware Constitution is not met); Gary v. State, 422 S.E.2d 426, 429 (Ga. 1992) (holding that based on the unequivocal language of Georgia’s statutory exclusionary rule, “adopting the Leon good-faith exception would be tantamount to judicial legislation”); State v. Guzman, 842 P.2d 660, 67

2016Thus, these cases are distinguishable. .See Marsala, 579 A.2d at 59 (concluding that the Leon good-faith exception is incompatible with the Connecticut Constitution); Dorsey v. State, 761 A.2d 807, 820 (Del. 2000) (finding that there can be no good-faith ex ception when the probable cause requirement in the Delaware Constitution is not met); Gary v. State, 262 Ga. 573 , 422 S.E.2d 426, 429 (1992) (holding that based on the unequivocal language of Georgia's statutory exclusionary rule, “adopting the Leon good-faith exception would be tantamount to judicial legislation”); State v. Guzman, 122 Id

22
State v. Afanagreen
wash · 2010 · cited in 2 Tennessee opinions naming this issue, 2016–2016
2 sentences

2016Thus, these cases are distinguishable. 4 See Marsala, 579 A.2d at 59 (concluding that the Leon good-faith exception is incompatible with the Connecticut Constitution); Dorsey v. State, 761 A.2d 807, 820 (Del. 2000) (finding that there can be no good-faith exception when the probable cause requirement in the Delaware Constitution is not met); Gary v. State, 422 S.E.2d 426, 429 (Ga. 1992) (holding that based on the unequivocal language of Georgia’s statutory exclusionary rule, “adopting the Leon good-faith exception would be tantamount to judicial legislation”); State v. Guzman, 842 P.2d 660, 67

2016Thus, these cases are distinguishable. .See Marsala, 579 A.2d at 59 (concluding that the Leon good-faith exception is incompatible with the Connecticut Constitution); Dorsey v. State, 761 A.2d 807, 820 (Del. 2000) (finding that there can be no good-faith ex ception when the probable cause requirement in the Delaware Constitution is not met); Gary v. State, 262 Ga. 573 , 422 S.E.2d 426, 429 (1992) (holding that based on the unequivocal language of Georgia's statutory exclusionary rule, “adopting the Leon good-faith exception would be tantamount to judicial legislation”); State v. Guzman, 122 Id

22
State v. Lawrencegreen
tenn · 2005 · cited in 2 Tennessee opinions naming this issue, 2014–2016
2 sentences

2016Probable cause is “more than a mere suspicion,” State v. Lawrence, 154 S.W.3d 71, 76 (Tenn. 2005), but less than absolute certainty, see State v. Melson, 638 S.W.2d 342, 350 (Tenn. 1982). “[T]he strength of the evidence necessary to establish probable cause to arrest is significantly less than the strength of evidence necessary to find a defendant guilty beyond a reasonable doubt.” State v. Bishop, 431 S.W.3d 22, 41 (Tenn. 2014); see also Adams v. Williams, 407 U.S. 143, 148-49 (1972) (“Probable cause does not require the same type of specific evidence of each element of the offense as would b

2016Probable cause is “more than a mere suspicion,” State v. Lawrence, 154 S.W.3d 71, 76 (Tenn. 2005), but less than absolute certainty, see State v. Melson, 638 S.W.2d 342, 350 (Tenn. 1982). “[T]he strength of the evidence necessary to establish probable cause to arrest is significantly less than the strength of evidence necessary to find a defendant guilty beyond a reasonable doubt.” State v. Bishop, 431 S.W.3d 22, 41 (Tenn. 2014); see also Adams v. Williams, 407 U.S. 143, 148-49 , 92 S.Ct. 1921 , 32 L.Ed.2d 612 (1972) (“Probable cause does not require the same type of specific evidence of each

22
State v. Gutierrezgreen
nm · 1993 · cited in 2 Tennessee opinions naming this issue, 2016–2016
2 sentences

2016Thus, these cases are distinguishable. 4 See Marsala, 579 A.2d at 59 (concluding that the Leon good-faith exception is incompatible with the Connecticut Constitution); Dorsey v. State, 761 A.2d 807, 820 (Del. 2000) (finding that there can be no good-faith exception when the probable cause requirement in the Delaware Constitution is not met); Gary v. State, 422 S.E.2d 426, 429 (Ga. 1992) (holding that based on the unequivocal language of Georgia’s statutory exclusionary rule, “adopting the Leon good-faith exception would be tantamount to judicial legislation”); State v. Guzman, 842 P.2d 660, 67

2016Thus, these cases are distinguishable. .See Marsala, 579 A.2d at 59 (concluding that the Leon good-faith exception is incompatible with the Connecticut Constitution); Dorsey v. State, 761 A.2d 807, 820 (Del. 2000) (finding that there can be no good-faith ex ception when the probable cause requirement in the Delaware Constitution is not met); Gary v. State, 262 Ga. 573 , 422 S.E.2d 426, 429 (1992) (holding that based on the unequivocal language of Georgia's statutory exclusionary rule, “adopting the Leon good-faith exception would be tantamount to judicial legislation”); State v. Guzman, 122 Id

22
State v. Guzmangreen
idaho · 1992 · cited in 2 Tennessee opinions naming this issue, 2016–2016
2 sentences

2016Thus, these cases are distinguishable. 4 See Marsala, 579 A.2d at 59 (concluding that the Leon good-faith exception is incompatible with the Connecticut Constitution); Dorsey v. State, 761 A.2d 807, 820 (Del. 2000) (finding that there can be no good-faith exception when the probable cause requirement in the Delaware Constitution is not met); Gary v. State, 422 S.E.2d 426, 429 (Ga. 1992) (holding that based on the unequivocal language of Georgia’s statutory exclusionary rule, “adopting the Leon good-faith exception would be tantamount to judicial legislation”); State v. Guzman, 842 P.2d 660, 67

2016Thus, these cases are distinguishable. .See Marsala, 579 A.2d at 59 (concluding that the Leon good-faith exception is incompatible with the Connecticut Constitution); Dorsey v. State, 761 A.2d 807, 820 (Del. 2000) (finding that there can be no good-faith ex ception when the probable cause requirement in the Delaware Constitution is not met); Gary v. State, 262 Ga. 573 , 422 S.E.2d 426, 429 (1992) (holding that based on the unequivocal language of Georgia's statutory exclusionary rule, “adopting the Leon good-faith exception would be tantamount to judicial legislation”); State v. Guzman, 122 Id

22
Wright v. City Of Philadelphiagreen
ca3 · 2005 · cited in 2 Tennessee opinions naming this issue, 2016–2016
2 sentences

2016Probable cause is “more than a mere suspicion,” State v. Lawrence, 154 S.W.3d 71, 76 (Tenn. 2005), but less than absolute certainty, see State v. Melson, 638 S.W.2d 342, 350 (Tenn. 1982). “[T]he strength of the evidence necessary to establish probable cause to arrest is significantly less than the strength of evidence necessary to find a defendant guilty beyond a reasonable doubt.” State v. Bishop, 431 S.W.3d 22, 41 (Tenn. 2014); see also Adams v. Williams, 407 U.S. 143, 148-49 (1972) (“Probable cause does not require the same type of specific evidence of each element of the offense as would b

2016Probable cause is “more than a mere suspicion,” State v. Lawrence, 154 S.W.3d 71, 76 (Tenn. 2005), but less than absolute certainty, see State v. Melson, 638 S.W.2d 342, 350 (Tenn. 1982). “[T]he strength of the evidence necessary to establish probable cause to arrest is significantly less than the strength of evidence necessary to find a defendant guilty beyond a reasonable doubt.” State v. Bishop, 431 S.W.3d 22, 41 (Tenn. 2014); see also Adams v. Williams, 407 U.S. 143, 148-49 , 92 S.Ct. 1921 , 32 L.Ed.2d 612 (1972) (“Probable cause does not require the same type of specific evidence of each

22
Commonwealth v. Edmundsgreen
pa · 1991 · cited in 2 Tennessee opinions naming this issue, 2016–2016
2 sentences

2016Thus, these cases are distinguishable. 4 See Marsala, 579 A.2d at 59 (concluding that the Leon good-faith exception is incompatible with the Connecticut Constitution); Dorsey v. State, 761 A.2d 807, 820 (Del. 2000) (finding that there can be no good-faith exception when the probable cause requirement in the Delaware Constitution is not met); Gary v. State, 422 S.E.2d 426, 429 (Ga. 1992) (holding that based on the unequivocal language of Georgia’s statutory exclusionary rule, “adopting the Leon good-faith exception would be tantamount to judicial legislation”); State v. Guzman, 842 P.2d 660, 67

2016Thus, these cases are distinguishable. .See Marsala, 579 A.2d at 59 (concluding that the Leon good-faith exception is incompatible with the Connecticut Constitution); Dorsey v. State, 761 A.2d 807, 820 (Del. 2000) (finding that there can be no good-faith ex ception when the probable cause requirement in the Delaware Constitution is not met); Gary v. State, 262 Ga. 573 , 422 S.E.2d 426, 429 (1992) (holding that based on the unequivocal language of Georgia's statutory exclusionary rule, “adopting the Leon good-faith exception would be tantamount to judicial legislation”); State v. Guzman, 122 Id

22
Dorsey v. Stategreen
del · 2000 · cited in 2 Tennessee opinions naming this issue, 2016–2016
2 sentences

2016Thus, these cases are distinguishable. 4 See Marsala, 579 A.2d at 59 (concluding that the Leon good-faith exception is incompatible with the Connecticut Constitution); Dorsey v. State, 761 A.2d 807, 820 (Del. 2000) (finding that there can be no good-faith exception when the probable cause requirement in the Delaware Constitution is not met); Gary v. State, 422 S.E.2d 426, 429 (Ga. 1992) (holding that based on the unequivocal language of Georgia’s statutory exclusionary rule, “adopting the Leon good-faith exception would be tantamount to judicial legislation”); State v. Guzman, 842 P.2d 660, 67

2016Thus, these cases are distinguishable. .See Marsala, 579 A.2d at 59 (concluding that the Leon good-faith exception is incompatible with the Connecticut Constitution); Dorsey v. State, 761 A.2d 807, 820 (Del. 2000) (finding that there can be no good-faith ex ception when the probable cause requirement in the Delaware Constitution is not met); Gary v. State, 262 Ga. 573 , 422 S.E.2d 426, 429 (1992) (holding that based on the unequivocal language of Georgia's statutory exclusionary rule, “adopting the Leon good-faith exception would be tantamount to judicial legislation”); State v. Guzman, 122 Id

22
State v. Cartergreen
nc · 1988 · cited in 2 Tennessee opinions naming this issue, 2016–2016
2 sentences

2016Thus, these cases are distinguishable. 4 See Marsala, 579 A.2d at 59 (concluding that the Leon good-faith exception is incompatible with the Connecticut Constitution); Dorsey v. State, 761 A.2d 807, 820 (Del. 2000) (finding that there can be no good-faith exception when the probable cause requirement in the Delaware Constitution is not met); Gary v. State, 422 S.E.2d 426, 429 (Ga. 1992) (holding that based on the unequivocal language of Georgia’s statutory exclusionary rule, “adopting the Leon good-faith exception would be tantamount to judicial legislation”); State v. Guzman, 842 P.2d 660, 67

2016Thus, these cases are distinguishable. .See Marsala, 579 A.2d at 59 (concluding that the Leon good-faith exception is incompatible with the Connecticut Constitution); Dorsey v. State, 761 A.2d 807, 820 (Del. 2000) (finding that there can be no good-faith ex ception when the probable cause requirement in the Delaware Constitution is not met); Gary v. State, 262 Ga. 573 , 422 S.E.2d 426, 429 (1992) (holding that based on the unequivocal language of Georgia's statutory exclusionary rule, “adopting the Leon good-faith exception would be tantamount to judicial legislation”); State v. Guzman, 122 Id

22
Gary v. Stategreen
ga · 1992 · cited in 2 Tennessee opinions naming this issue, 2016–2016
2 sentences

2016Thus, these cases are distinguishable. 4 See Marsala, 579 A.2d at 59 (concluding that the Leon good-faith exception is incompatible with the Connecticut Constitution); Dorsey v. State, 761 A.2d 807, 820 (Del. 2000) (finding that there can be no good-faith exception when the probable cause requirement in the Delaware Constitution is not met); Gary v. State, 422 S.E.2d 426, 429 (Ga. 1992) (holding that based on the unequivocal language of Georgia’s statutory exclusionary rule, “adopting the Leon good-faith exception would be tantamount to judicial legislation”); State v. Guzman, 842 P.2d 660, 67

2016Thus, these cases are distinguishable. .See Marsala, 579 A.2d at 59 (concluding that the Leon good-faith exception is incompatible with the Connecticut Constitution); Dorsey v. State, 761 A.2d 807, 820 (Del. 2000) (finding that there can be no good-faith ex ception when the probable cause requirement in the Delaware Constitution is not met); Gary v. State, 262 Ga. 573 , 422 S.E.2d 426, 429 (1992) (holding that based on the unequivocal language of Georgia's statutory exclusionary rule, “adopting the Leon good-faith exception would be tantamount to judicial legislation”); State v. Guzman, 122 Id

22
State v. TYWAYNE H.green
nmctapp · 1997 · cited in 2 Tennessee opinions naming this issue, 2008–2008
2 sentences

2008App.1988) (holding that the “school official exception” to the probable cause requirement does not apply when search is carried out at direction of police); State v. Tywayne H., 123 N.M. 42 , 933 P.2d 251, 254 (Ct.App.1997) (holding that probable cause was required when a search was conducted completely at the discretion of the police officers); In re Thomas B.D., 326 S.C. 614 , 486 S.E.2d 498, 499-500 (Ct.App.1997) (holding that probable cause was required when police conducted a search in furtherance of law enforcement objective, rather than on behalf of school).

2008App.1988) (holding that the “school official exception” to the probable cause requirement does not apply when search is carried out at direction of police); State v. Tywayne H., 123 N.M. 42 , 933 P.2d 251, 254 (Ct.App.1997) (holding that probable cause was required when a search was conducted completely at the discretion of the police officers); In re Thomas B.D., 326 S.C. 614 , 486 S.E.2d 498, 499-500 (Ct.App.1997) (holding that probable cause was required when police conducted a search in furtherance of law enforcement objective, rather than on behalf of school).

22
FP v. Stategreen
fladistctapp · 1988 · cited in 2 Tennessee opinions naming this issue, 2008–2008
22
In Re Interest of Thomas B.D.green
scctapp · 1997 · cited in 2 Tennessee opinions naming this issue, 2008–2008
22
United States v. Robert R. Carragreen
ca10 · 1979 · cited in 2 Tennessee opinions naming this issue, 2000–2000
22
United States v. Douglas Ellis Johnsongreen
ca9 · 1981 · cited in 2 Tennessee opinions naming this issue, 2000–2000
22
State of Tennessee v. David Dwayne Bellgreen
tenn · 2014 · cited in 3 Tennessee opinions naming this issue, 2017–2025
2 sentences

2025The probable cause standard is “practical, nontechnical,” and “focuse[d] upon the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act[.]” Reynolds, 504 S.W.3d at 300 (citations and internal quotation marks omitted). “‘Determinations of probable cause are extremely fact-dependent.’” Tuttle, 515 S.W.3d at 300 (quoting Bell, 429 S.W.3d at 534-35 ).

2020The probable cause standard is “practical, nontechnical” and “focuses upon the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act[.]” Reynolds, 504 S.W.3d at 300 (citations and internal quotation marks omitted). “‘Determinations of probable cause are extremely fact-dependent.’” Tuttle, 515 S.W.3d at 300 (quoting State v. Bell, 429 S.W.3d 524, 534-35 (Tenn. 2014)). 3 The Fourth Amendment, applicable to the States through the Fourteenth Amendment, states: The right of the people to be secure in their persons, houses, papers, and

13
Ornelas v. United Statesgreen
scotus · 1996 · cited in 3 Tennessee opinions naming this issue, 2016–2021
2 sentences

2021“Probable cause is more than a mere suspicion but less than absolute certainty.” Id. (internal citations and quotation marks omitted). “[T]he strength of the evidence necessary to establish probable cause . . . is significantly less than the strength of evidence necessary to find a defendant guilty beyond a reasonable doubt.” State v. Bishop, 431 S.W.3d 22, 41 (Tenn. 2014); see also Brinegar v. U.S., 69 S. Ct. 1302 (1949) (discussing the differences between the probable cause standard and the standard for proving guilt beyond a reasonable doubt).

2017“Probable cause is more than a mere suspicion but less than absolute certainty.” Id. (internal citations and quotation marks omitted). “[T]he strength of the evidence necessary to establish probable cause ... is significantly less than the strength of evidence necessary to find a defendant guilty beyond a reasonable doubt.” State v. Bishop, 431 S.W.3d 22, 41 (Tenn. 2014); see also Brinegar v. United States, 338 U.S. 160, 174 , 69 S.Ct. 1302 , 93 L.Ed. 1879 (1949) (discussing the differences between the probable cause standard and the standard for proving guilt beyond a reasonable doubt).

13
People v. Zunigagreen
colo · 2016 · cited in 2 Tennessee opinions naming this issue, 2024–2025
2 sentences

2025Although the defendant argues a trained officer cannot tell the difference between the smell of legal hemp and illegal marijuana, the possibility of an officer altering to hemp as opposed to marijuana would “merely affect a fact’s weight and persuasiveness [in the probable cause analysis], not its inclusion in the analysis [altogether].” Colorado v. Zuniga, 372 P.3d 1052, 1058 (Colo. 2016).

2024Extending the rationale from Harris to the facts of this case, the possibility of a dog alerting to hemp rather than an illegal substance “merely affects a fact’s weight and persuasiveness [in the probable cause analysis], not its inclusion in the analysis [altogether].” Zuniga, 372 P.3d at 1058 .

12
State v. Oakesgreen
vt · 1991 · cited in 2 Tennessee opinions naming this issue, 2016–2016
2 sentences

2016Thus, these cases are distinguishable. 4 See Marsala, 579 A.2d at 59 (concluding that the Leon good-faith exception is incompatible with the Connecticut Constitution); Dorsey v. State, 761 A.2d 807, 820 (Del. 2000) (finding that there can be no good-faith exception when the probable cause requirement in the Delaware Constitution is not met); Gary v. State, 422 S.E.2d 426, 429 (Ga. 1992) (holding that based on the unequivocal language of Georgia’s statutory exclusionary rule, “adopting the Leon good-faith exception would be tantamount to judicial legislation”); State v. Guzman, 842 P.2d 660, 67

2016Thus, these cases are distinguishable. .See Marsala, 579 A.2d at 59 (concluding that the Leon good-faith exception is incompatible with the Connecticut Constitution); Dorsey v. State, 761 A.2d 807, 820 (Del. 2000) (finding that there can be no good-faith ex ception when the probable cause requirement in the Delaware Constitution is not met); Gary v. State, 262 Ga. 573 , 422 S.E.2d 426, 429 (1992) (holding that based on the unequivocal language of Georgia's statutory exclusionary rule, “adopting the Leon good-faith exception would be tantamount to judicial legislation”); State v. Guzman, 122 Id

12
State v. Sainegreen
tenn · 2009 · cited in 1 Tennessee opinions naming this issue, 2025–2025
11
United States v. Ricky Browngreen
ca6 · 2016 · cited in 1 Tennessee opinions naming this issue, 2021–2021
11
State of Tennessee v. John B. Albertsgreen
tenncrimapp · 2011 · cited in 1 Tennessee opinions naming this issue, 2021–2021
11
State v. Cartergreen
tenn · 2005 · cited in 1 Tennessee opinions naming this issue, 2020–2020
11
Maryland v. Pringlegreen
scotus · 2003 · cited in 1 Tennessee opinions naming this issue, 2016–2016
11
Adams v. Williamsgreen
scotus · 1972 · cited in 1 Tennessee opinions naming this issue, 2016–2016
11
State v. Norrisgreen
tenncrimapp · 2000 · cited in 1 Tennessee opinions naming this issue, 2015–2015
11
State v. Longstreetgreen
tenn · 1981 · cited in 1 Tennessee opinions naming this issue, 2015–2015
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway.

Also cited on this issue (29)

CaseCitedYears
Illinois v. Gates green
scotus · 1983
2 sentences

1993The probable cause standard set out in Jacumin is based on Article I, Section 7 of the Tennessee Constitution and, as it turns out, is narrower than the federal standard announced in Illinois v. Gates, 462 U.S. 213 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983).

1993The probable cause standard set out in Jacumin is based on Article I, Section 7 of the Tennessee Constitution and, as it turns out, is narrower than the federal standard announced in Illinois v. Gates, 462 U.S. 213 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983).

31993–2020
State v. Turner green
iowa · 2001
2 sentences

2016Thus, these cases are distinguishable. 4 See Marsala, 579 A.2d at 59 (concluding that the Leon good-faith exception is incompatible with the Connecticut Constitution); Dorsey v. State, 761 A.2d 807, 820 (Del. 2000) (finding that there can be no good-faith exception when the probable cause requirement in the Delaware Constitution is not met); Gary v. State, 422 S.E.2d 426, 429 (Ga. 1992) (holding that based on the unequivocal language of Georgia’s statutory exclusionary rule, “adopting the Leon good-faith exception would be tantamount to judicial legislation”); State v. Guzman, 842 P.2d 660, 67

2016Thus, these cases are distinguishable. .See Marsala, 579 A.2d at 59 (concluding that the Leon good-faith exception is incompatible with the Connecticut Constitution); Dorsey v. State, 761 A.2d 807, 820 (Del. 2000) (finding that there can be no good-faith ex ception when the probable cause requirement in the Delaware Constitution is not met); Gary v. State, 262 Ga. 573 , 422 S.E.2d 426, 429 (1992) (holding that based on the unequivocal language of Georgia's statutory exclusionary rule, “adopting the Leon good-faith exception would be tantamount to judicial legislation”); State v. Guzman, 122 Id

22016–2016
State v. Huddleston green
tenn · 1996
22002–2005
United States v. Cortez green
scotus · 1981
21985–1989
State v. Henning green
tenn · 1998
12025–2025
Kentucky v. King green
scotus · 2011
12019–2019
Ker v. California green
scotus · 1963
12017–2017
Terry Norris v. Jerry Lester green
ca6 · 2013
12016–2016
State v. Afana green
wash · 2010
12016–2016
Beck v. Ohio green
scotus · 1964
12014–2014
Florida v. JL green
scotus · 2000
12009–2009
United States v. Leon green
scotus · 1984
12005–2005
Baker v. McCollan green
scotus · 1979
12000–2000
State v. Tays green
tenncrimapp · 1992
11998–1998
Hughes v. State green
tenn · 1979
11997–1997
Whren v. United States green
scotus · 1996
11997–1997
State v. Willoughby green
tenn · 1980
11981–1981
Moore v. Illinois green
scotus · 1977
11980–1980
Bacon v. State green
tenn · 1964
11979–1979
Moore v. State green
tenn · 1979
11979–1979
Morrissey v. Brewer green
scotus · 1972
11976–1976
Giordenello v. United States green
scotus · 1958
11972–1972
Rugendorf v. United States green
scotus · 1964
11972–1972
Aguilar v. Texas red
scotus · 1964
11972–1972
Jones v. United States red
scotus · 1960
11972–1972
United States v. Ventresca green
scotus · 1965
11972–1972
Spinelli v. United States red
scotus · 1969
11972–1972
Greer v. State green
tenncrimapp · 1969
11972–1972
Jones v. State green
tenn · 1930
11972–1972

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 40-7-103 (10) TN § Tenn. Code Ann. § 39-12-101 (6) TN § Tenn. Code Ann. § 39-13-202 (5) TN § Tenn. Code Ann. § 40-35-115 (5) TN § Tenn. Code Ann. § 39-17-417 (4) TN § Tenn. Code Ann. § 40-35-103 (4) TN § Tenn. Code Ann. § 40-35-113 (4) TN § Tenn. Code Ann. § 40-6-103 (4) TN § Tenn. Code Ann. § 40-35-102 (3) TN § Tenn. Code Ann. § 40-35-114 (3) TN § Tenn. Code Ann. § 40-35-210 (3) TN § Tenn. Code Ann. § 40-35-401 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 408 (1966–2026) CA 362 (1955–2026) OH 284 (1978–2026) MA 271 (1967–2026) TX 242 (1927–2026) CT 237 (1969–2026) PA 224 (1967–2026) NY 192 (1959–2026) WA 159 (1973–2026) WI 141 (1970–2026) NJ 141 (1978–2026) FL 137 (1973–2025) IN 136 (1971–2025) MI 109 (1972–2026) MD 98 (1973–2026) MN 93 (1975–2026) VA 93 (1975–2026) AL 86 (1937–2024) NC 85 (1974–2026) OR 81 (1976–2026) ID 77 (1978–2026) DC 76 (1970–2026) KS 75 (1975–2024) GA 68 (1969–2026) CO 68 (1971–2025) AZ 61 (1971–2025) MO 57 (1970–2024) UT 56 (1980–2026) IA 54 (1978–2026) ME 53 (1970–2023) LA 51 (1976–2020) TN 51 (1972–2025) NM 51 (1974–2026) MT 50 (1973–2025) AR 41 (1973–2024) ND 37 (1971–2021) KY 36 (1968–2026) NH 34 (1974–2024) RI 31 (1981–2026) WV 30 (1980–2026) MS 29 (1988–2023) DE 27 (1969–2026) SC 26 (2001–2025) AK 26 (1977–2025) NV 24 (1968–2022) VT 20 (1971–2020) WY 19 (1976–2025) NE 18 (1981–2024) SD 17 (1975–2019) HI 17 (1973–2022) VI 11 (1981–2014) OK 9 (1953–2006) MP 2 (2023–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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