Tennessee Code Annotated
Tenn. Code Ann. § 40-6-108 (2026)
Exclusionary Rule Reform Act
✓ current as of May 2026
- (a) Notwithstanding any law to the contrary, any evidence that is seized as a result of executing a search warrant issued pursuant to this part or pursuant to Tennessee Rules of Criminal Procedure Rule 41 that is otherwise admissible in a criminal proceeding and not in violation of the constitution of the United States or Tennessee shall not be suppressed as a result of any violation of this part or any violation of Tennessee Rules of Criminal Procedure Rule 41 if the court determines that such violation was a result of a good faith mistake or technical violation made by a law enforcement officer, court official, or the issuing magistrate as defined in subsection (c).
- (b) This section does not limit or prohibit the enforcement of any appropriate civil remedy in actions pursuant to other provisions of law against any individual or government entity found to have conducted an unreasonable search or seizure; provided, however, that unless otherwise provided by federal law or the constitution of Tennessee, if any evidence is seized as a result of a good faith mistake or technical violation, as defined in subsection (c), the individual or government entity shall not be civilly liable.
- (c) As used in this section, unless the context otherwise requires, "good faith mistake or technical violation" means:
- (1) An unintentional clerical error or clerical omission made by a law enforcement officer, court official or issuing magistrate in the form, preparation, issuance, filing and handling of copies, or return and inventory of a search warrant;
- (2) When the officer to whom the warrant is delivered for execution is not present during the execution but an officer with law enforcement authority over the premises does otherwise execute the search warrant;
- (3) A reasonable reliance on a statute that is subsequently ruled unconstitutional; or controlling court precedent that is overruled after the issuance of a search warrant, unless the court overruling the precedent orders the new precedent to be applied retroactively.
Acts 2011, ch. 252, § 1.
Notes of Decisions
Cited in 19
cases, 2006–2020 · leading case: State of Tennessee v. John Henry Pruitt, 510 S.W.3d 398 (Tenn. 2016).
State of Tennessee v. John Henry Pruitt, 510 S.W.3d 398 (Tenn. 2016). “Tenn. Code Ann. § 40-6-108 . ERRA was effective on the date of the suppression hearing but not when the offenses were committed in this case.”
State of Tennessee v. Corrin Kathleen Reynolds, 504 S.W.3d 283 (Tenn. 2016). “” Tenn. Code Ann. § 40-6-108 (2012). This statute applies to “any evidence that is seized as a result of executing a search warrant.”
State of Tennessee v. Lemaricus Devall Davidson, 509 S.W.3d 156 (Tenn. 2016). “4 Further, the applicability and validity of the Exclusionary Rule Reform Act, Tennessee Code Annotated section 40-6-108, effective July 1, 2011, are not at issue in this case.”
State of Tennessee v. Charlotte Lynn Frazier & Andrea Parks, 558 S.W.3d 145 (Tenn. 2018). “During the hearing, the prosecutor reminded the designated trial judge of an earlier case in which the designated trial judge, before his retirement, had issued a search warrant for property located outside the 23rd Judicial District.”
State of Tennessee v. Angela Faye Daniel, 552 S.W.3d 832 (Tenn. 2018). “The trial court further concluded that Officer Valentin's failure to provide the Defendant with a copy of the search warrant was not a "clerical error" as defined by the Exclusionary Rule Reform Act, Tenn. Code Ann. § 40-6-108 (2012) ("the ERRA").”
State v. Smotherman, 201 S.W.3d 657 (Tenn. 2006). “Probable Cause We next examine the defendant’s contention that the affidavit relied upon by the magistrate in issuing the search warrant failed to establish probable cause as required by Tennessee Code Annotated sections 40-6-108 (2003) 2 and 40-6-104 (2003) 3 and Rule 41(c) of…”
State of Tennessee v. Lindsey Brooke Lowe (Tenn. Crim. App. 2016). “T.C.A. § 40-6-108. The defendant argues that this statute is unconstitutional.”
State of Tennessee v. Charlotte Lynn Frazier & Andrea Parks (Tenn. Crim. App. 2017). “Finally, the State argues that the evidence seized during the searches of the Defendants’ homes is admissible under the good faith exception to the exclusionary rule or under the Exclusionary Rule Reform Act in Tennessee Code Annotated section 40-6-108. The Defendants respond…”
State of Tennessee v. Arnold Travis Nunnery (Tenn. Crim. App. 2017). “Good Faith Exception The State maintains that the evidence resulting from the blood draw is nevertheless admissible pursuant to the Exclusionary Reform Act in Tennessee Code Annotated section 40-6-108 and the good faith exception recognized in State v.”
State of Tennessee v. Angela Faye Daniel (Tenn. Crim. App. 2016). “Tenn. Code Ann. § 40-6-108 (a). Relevant to this appeal, a “„good faith mistake or technical violation‟” is defined as “[a]n unintentional clerical error or clerical omission made by a law enforcement officer, court official or issuing magistrate in the form, preparation,…”
State of Tennessee v. Lindsey Brooke Lowe, 552 S.W.3d 842 (2018). “] Tenn. Code Ann. § 40-6-108 (Supp. 2011). Relying on this statute, the trial court ruled as follows: I find specifically that, although there is a violation of Rule 41(d), that the magistrate did not prepare an original and two exact copies of the warrant, that this violation…”
State of Tennessee v. Delshun Jones (Tenn. Crim. App. 2016). “Tenn. Code Ann. § 40-6-108 (a). A “„good faith mistake or technical violation‟” is defined as “[a]n unintentional clerical error or clerical omission made by a law enforcement officer, court official or issuing magistrate in the form, preparation, issuance, filing and handling…”
— Tenn. Code Ann. § 40-6-108(a) — 7 cases
State of Tennessee v. Corrin Kathleen Reynolds, 504 S.W.3d 283 (Tenn. 2016). “” Tenn. Code Ann. § 40-6-108 (2012). This statute applies to “any evidence that is seized as a result of executing a search warrant.”
State of Tennessee v. John Henry Pruitt, 510 S.W.3d 398 (Tenn. 2016). “Tenn. Code Ann. § 40-6-108 . ERRA was effective on the date of the suppression hearing but not when the offenses were committed in this case.”
State of Tennessee v. Lindsey Brooke Lowe (Tenn. Crim. App. 2016). “T.C.A. § 40-6-108. The defendant argues that this statute is unconstitutional.”
State of Tennessee v. Arnold Travis Nunnery (Tenn. Crim. App. 2017). “Good Faith Exception The State maintains that the evidence resulting from the blood draw is nevertheless admissible pursuant to the Exclusionary Reform Act in Tennessee Code Annotated section 40-6-108 and the good faith exception recognized in State v.”
State of Tennessee v. Charlotte Lynn Frazier & Andrea Parks (Tenn. Crim. App. 2017). “Finally, the State argues that the evidence seized during the searches of the Defendants’ homes is admissible under the good faith exception to the exclusionary rule or under the Exclusionary Rule Reform Act in Tennessee Code Annotated section 40-6-108. The Defendants respond…”
— Tenn. Code Ann. § 40-6-108(c)(1) — 1 case
State of Tennessee v. Delshun Jones (Tenn. Crim. App. 2016). “Tenn. Code Ann. § 40-6-108 (a). A “„good faith mistake or technical violation‟” is defined as “[a]n unintentional clerical error or clerical omission made by a law enforcement officer, court official or issuing magistrate in the form, preparation, issuance, filing and handling…”
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