State of Tennessee v. Jerry Lewis Tuttle
515 S.W.3d 282
| Tenn. | 2017Background
- In April 2012 police obtained a warrant to search 4571 Dugger Road (a ~6-acre property where Jerry Tuttle lived); searches of that property and two others yielded large quantities of marijuana, cocaine, weapons, scales, a money counter, and $1,098,050 in cash. Tuttle and family members were indicted; Tuttle was convicted by a jury of multiple drug- and money-related offenses and the trial court ordered forfeiture of the cash.
- The search warrant affidavit (prepared by Trooper Shawn Boyd) relied on: an informant (Adrian Davis) who identified Tuttle’s son (“Red”), wiretap and GPS corroboration from multi‑jurisdictional DEA investigations, surveillance showing meetings near Dugger Road, and prior 2000 investigations linking large drug proceeds to the property.
- Tuttle moved to suppress arguing the affidavit lacked a sufficient nexus to the property, contained stale and false statements (paragraphs 18 and 37), and that the informant’s reliability was not established; he also challenged forfeiture (statute of limitations and notice). The trial court denied suppression, tried the case, convicted Tuttle, and ordered forfeiture; the Court of Criminal Appeals reversed suppression and vacated some convictions but affirmed the forfeiture. The State appealed to the Tennessee Supreme Court.
- The Supreme Court granted review primarily to decide whether Jacumin (Tenn.’s adoption of the Aguilar/Spinelli two‑pronged test) should remain the test for warrant affidavits under Tenn. Const. art. I, § 7.
- The Supreme Court overruled Jacumin, adopted the federal Gates totality‑of‑the‑circumstances test for Tennessee, held the affidavit provided probable cause, reinstated Tuttle’s convictions for conspiracy (marijuana and money laundering), and affirmed forfeiture on alternative grounds.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Tuttle) | Held |
|---|---|---|---|
| Proper standard for reviewing informant‑based affidavits (Jacumin vs. Gates) | Gates totality‑of‑the‑circumstances is appropriate and flexible; Aguilar/Spinelli is overly rigid | Maintain Jacumin (Aguilar/Spinelli) under state constitution | Overruled Jacumin; adopted Gates totality‑of‑the‑circumstances for Tenn. Const. art. I, § 7 |
| Sufficiency of the affidavit to establish probable cause for warrant (nexus/staleness) | Affidavit (informant tip + extensive corroboration: wiretaps, surveillance, GPS, prior concealment at property, recent intercepted calls) establishes a fair probability evidence would be found on the property | Affidavit fails to show nexus to Tuttle’s property (activity pointed to Son’s Smyrna residence); some facts are stale | Under Gates, affidavit sufficiently established probable cause and nexus; suppression reversed and warrant upheld |
| Alleged false/misleading statements in affidavit (paras. 18 & 37) | Statements were negligent imprecision, not intentional or reckless falsity; if false, they were not material | Paragraph 18 (implied witnessed offloading) and paragraph 37 (GPS placed courier at the trailer) were false, recklessly made, and material to probable cause | Statements were not false in context (at worst imprecise); no Franks relief; affidavit remains admissible |
| Sufficiency of trial evidence for conspiracy convictions & forfeiture (limitations/notice) | Circumstantial and direct evidence (parallel seizures, similar packaging, scales, cash near drugs, Son and Medina’s testimony about deliveries to dugger‑road area) support conspiracy and money‑laundering convictions; forfeiture statute complied with and notice by certified mail adequate | Proof was insufficient to show Tuttle conspired with Son; forfeiture barred by 5‑year limitations and defective notice | Convictions for conspiracy to possess >300 lbs. marijuana and conspiracy to commit money laundering reinstated; forfeiture of cash affirmed on alternate grounds (State met preponderance burden; notice by certified mail acceptable) |
Key Cases Cited
- Illinois v. Gates, 462 U.S. 213 (1983) (adopts totality‑of‑the‑circumstances test for informant tips/probable cause)
- State v. Jacumin, 778 S.W.2d 430 (Tenn. 1989) (previous Tennessee adoption of Aguilar/Spinelli — overruled)
- Franks v. Delaware, 438 U.S. 154 (1978) (requirement and standard for challenging affidavit based on false statements)
- Zurcher v. Stanford Daily, 436 U.S. 547 (1978) (search warrants need not implicate particular persons; focus is place/evidence)
- Ventresca v. United States, 380 U.S. 102 (1965) (affidavits interpreted in commonsense, realistic fashion; magistrate’s role)
- Brinegar v. United States, 338 U.S. 160 (1949) (probable cause deals with practical probabilities; less than proof beyond reasonable doubt)