Tennessee Court of Criminal Appeals holds Carpenter violation moot due to harmless error.

In this murder and robbery case, the Tennessee Court of Criminal Appeals in a footnote dismissed a Carpenter violation (trial defense counsel never complained about the admission of the evidence).

The Court of Appeals deals with the issue swiftly, holding that even though there was no Fourth Amendment objection made, “the erroneous admission of evidence seized in violation of the Fourth Amendment is subject to harmless error analysis.” In light of identification evidence as well as other evidence connecting the defendant to the murder weapon, the appellate court ruled that other evidence was overwhelming.

The case is State v. Wade, 2018 Tenn. Crim. App. LEXIS 523, 2018 WL 3414471 (July 13).

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