It appears the exclusionary rule days may be numbered in Tennessee .The Tennessee House Judiciary Committee recommended a bill that would guarantee that evidence seized after the execution of a search warrant issued pursuant to Tennessee Code Annotated 40-6-101 or under Rule 41 of The Tennessee Rules of Criminal Procedure would not be subject to suppression on account of a "good faith mistake or technical violation made by a law enforcement officer , court official , or the issuing magistrate . " The attorney general has found the bill constitutional . However , their opinion is not binding on the courts .
Under the exclusionary rule rule , evidence obtained in violation of the Fourth , Fifth , and Sixth amendment may not be introduced at trial to prove a defendant’s guilt . The purpose of the exclusionary rule is to deter constitutional violations .
If the bill passes , it will be sad day in Tennessee for constitutional freedoms . Some members of the legislature speak about Tennessee ‘s Constitution and the need to strictly follow it . Yet , they intend to strike down years of Tennessee case law which holds that the Tennessee Constitution gives Tennesseans more rights than the U.S. Constitution .