US v. Troy Master

This Decision is from the Sixth Circuit where Bryan Hoss Won After Oral Argument. Issues involve Motion to Supress Evidence.


The facts of this case are that Investigator George Dyer of the Franklin County,Tennessee Sheriff’s Department submitted an affidavit in support of a search warrant for Defendant’s residence. On the affidavit, Defendant’s residence was listed as “9356 AEDC Road, Winchester Franklin County, Tennessee.” directions to a single wide trailer where Defendant lived. Defendant’s residence, however, is actually in Coffee County, not Franklin County.

The search warrant was signed by Judge Thomas C. Faris on January 14, 2007. Judge Faris is a general sessions and juvenile court judge in Franklin County, Tennessee.

As a general sessions judge in Franklin County, state law provided Judge Faris with the authority to sign warrants only for property in Franklin County itself. Less than three months before the search, on October 16, 2006, officers from the Franklin County Sheriff’s Department had responded to a disturbance call at Defendant’s residence.

Defendant was arrested for domestic violence. The charge was dismissed by Judge Faris less than a month before the search warrant in this case was issued because the proper venue was Coffee County, not Franklin County.

On January 15, 2007, Franklin County Sheriff’s officers executed the search warrant in this case. During the search, Defendant informed the officers that he had a shotgun in the bedroom. On that basis, officers arrested Defendant, a former felon.

At the suppression hearing, Investigator Dyer testified that he believed Defendant lived in Franklin County because Dyer’s supervisor informed him that Defendant had registered as a sex offender in Franklin County using his current street address.

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Reference Info:Decision | Federal, 6th Circuit, Tennessee | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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