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STATE OF TENNESSEE v. AMBREIA WASHINGTON (2024)

Supreme Court of Tennessee.2024-07-09No. No. W2022-01201-SC-R11-CD

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Opinion

ORDER

Upon consideration of the application for permission to appeal of Ambreia Washington and the record before us, the application is granted.

In addition to the issues raised in the application, the Court asks for briefing on the following issues: (1) whether the temporary seizure of the firearm or the defendant was permissible under the Fourth Amendment because of a threat to the officers safety, see, e.g., United States v. Bishop, 338 F.3d 623, 628 (6th Cir. 2003); United States v. King, 990 F.2d 1552, 1561 (10th Cir. 1993); United States v. Purvis, 663 F. Supp. 3d 1233, 1249 (D.N.M. 2023), and, if so, whether there was a basis for the State to thereafter seize the firearm permanently without a warrant; and (2) whether evidence of the firearm was admissible under the inevitable discovery/inevitable seizure exception to the exclusionary rule, see State v. Scott, 619 S.W.3d 196, 205 (Tenn. 2021); United States v. Frederick, 152 F. Appx 470, 474 (6th Cir. 2005); Purvis, 663 F. Supp. 3d at 1257.

The Clerk is directed to place this matter on the docket for oral argument upon the completion of briefing.

PER CURIAM