Appellate panel hears whether anonymous tip and odor justified search warrant in State v. Cummings

An appellate panel in Middle Tennessee heard oral argument in State of Tennessee v. Cedric Darnell Cummings over whether police had probable cause to obtain a search warrant based on an anonymous tip, officers’ report of smelling marijuana at the defendant’s residence, and a prior conviction. Drew Justice argued for the appellant; Ronald Coleman argued for the state. The panel took the arguments under advisement and did not rule at the hearing.

The question being pressed to the court arose after the trial judge excised one affidavit ground — the officers’ report that they smelled hemp or marijuana at the back door — and found probable cause based on the remaining three grounds. Justice told the panel, “there was no probable cause to support the search in this case because the 3 grounds the trial judge used to sustain probable cause were all basically just too vague and or unsubstantiated.” He argued the anonymous tip failed to include the defendant’s address or predictive details and that,…