State of Tennessee v. Tina Lynn Szabo
W2015-02264-CCA-R9-CD
| Tenn. Crim. App. | Oct 6, 2016Background
- On June 16, 2014, Deputy Frankie Scott stopped Tina Szabo for erratic driving; he smelled alcohol, observed open and partially empty liquor bottles, and arrested her for DUI (second offense).
- Szabo refused a blood draw; Deputy Scott obtained a search warrant authorizing blood or breath and executed it the same night.
- The supporting affidavit mistakenly included the name "Craig Brandon McBee" in one place; Szabo was correctly identified in multiple other places in the warrant and affidavit.
- Deputy Scott retained the executed warrant and did not return it to the issuing magistrate; the warrant was filed with the court clerk months later (January 6, 2015).
- The trial court suppressed the blood-test results, finding the name error and untimely return invalidated the warrant; the State appealed under Tenn. R. App. P. 9.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Szabo) | Held |
|---|---|---|---|
| Whether a clerical error in an affidavit (wrong name) invalidates the warrant | The clerical naming error does not void a warrant when probable cause otherwise appears | The inconsistent name renders the affidavit and warrant noncompliant with Rule 41 and invalid | The clerical error did not invalidate the warrant; a common-sense review shows it was a harmless mistake and caused no prejudice |
| Whether failure to timely return/file the executed warrant invalidates the warrant | Late return/filing is ministerial and does not affect warrant validity | Failure to return the warrant and late filing undermines the warrant's validity | Failure to return/file did not invalidate the warrant; return is a ministerial act |
Key Cases Cited
- State v. Odom, 928 S.W.2d 18 (Tenn. 1996) (standard of review for suppression hearing findings)
- State v. Stevens, 989 S.W.2d 290 (Tenn. 1999) (warrant issuance requires affidavit establishing probable cause before a neutral magistrate)
- State v. Jacumin, 778 S.W.2d 430 (Tenn. 1989) (probable cause and neutral magistrate requirement for warrants)
- State v. Moon, 841 S.W.2d 336 (Tenn. Crim. App. 1992) (probable cause must appear in the affidavit itself)
- State v. Sales, 393 S.W.3d 236 (Tenn. Crim. App. 2012) (probable cause must appear in the affidavit; review limited to its contents)
- Collins v. State, 199 S.W.2d 96 (Tenn. 1947) (clerical errors that cause no prejudice do not invalidate warrants)
- State v. Hilliard, 906 S.W.2d 466 (Tenn. Crim. App. 1995) (return of a warrant is ministerial and does not affect its validity)