Joel Michael Guy, Jr. v. Tennessee
FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Does an overnight guest lose his or her reasonable expectation of privacy by engaging in criminal acts within the house?
question presented is: Does an overnight guest lose his or her reasonable expectation of privacy under Minnesota v. Olson by engaging in criminal acts within the house? 2. Law enforcement entered a private home after a welfare check call based on the defendant’s mother’s failure to show up for work on Monday morning. The two parents did not answer the door and their cars were in the driveway. There were no other significant indicia of current danger or of past harm. Law enforcement nonetheless entered and discovered the dead bodies. The Tennessee Court of Criminal Appeals held that this entry was justified pursuant to the “emergency aid” form of exigent circumstances. The second question presented is: Does the “emergency aid” exception require specific reason to believe that someone has been harmed or is in danger and that urgent action is necessary, or can it be established by odd and slightly suspicious circumstances? 3. The Tennessee Court of Criminal Appeals held that the “emergency aid” exception to the search warrant requirement is also an exception to the probable cause requirement. The third question presented is: Does the “emergency aid” exception allow entry into a residence in the absence not only of a warrant but also of probable cause? 4, After quickly moving through the house, officers left the house and secured the premises. Later, other officers and forensic technicians entered the house and photographed and seized hundreds of pieces of evidence. No search warrant was ever obtained. The Tennessee Court of Criminal Appeals ruled that, because the items in question had been seen in plain view by the first officers during their initial entry, other officers were allowed to later re-enter and seize those items. The fourth question presented is: In the absence of a search warrant or any valid exception to the warrant requirement, can law enforcement officers enter into a private residence for ii the purpose of seizing items merely because those items were previously seen by other officers legitimately on the premises? ili