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STATE v. JACUMIN

778 S.W.2d 430 (1989)

STATE of Tennessee, Appellee, v. Richard T. JACUMIN, Appellant.

Supreme Court of Tennessee, at Nashville.

October 9, 1989.

Attorney(s) appearing for the Case

N. Reese Bagwell, Bagwell, Bagwell, Parker, Riggins and Kennedy, Clarksville, for appellant.

Tenn. Ass'n of Crim. Defense Lawyers, Amicus Committee, Paul J. Morrow, Jr., and Kenneth J. Ries Co-Chairpersons, Nashville, amicus curiae.

W.J. Michael Cody, Atty. Gen. & Reporter, Charles E. Bush, Asst. Atty. Gen., Nashville, for appellee.

OPINION

COOPER, Justice.

The application for permission to appeal was granted to review the finding of the Court of Criminal Appeals that the affidavit, on which a search warrant was issued, "falls short of the constitutional requirement of probable cause to issue the warrant," even under the totality-of-the-circumstances rule of Gates,1 and the Court's action in dismissing all charges against Richard T. Jacumin.

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