Q: Is it legal for a CI to record in my home without a warrant in TN?
I have been indicted on drug charges in Tennessee, and I'm concerned about how evidence was obtained. Law enforcement sent a confidential informant (CI) to my home, who recorded video and audio without a warrant. I was in my bedroom, and my children let the CI in without my knowledge. I have not yet spoken to a lawyer. Is this legal?
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A:
You're right to be concerned about how the evidence was collected. In Tennessee, the legality of a confidential informant recording inside your home without a warrant depends heavily on the specific circumstances. Generally, the Fourth Amendment protects you from warrantless searches or surveillance in your home, where you have the highest expectation of privacy.
If the CI was invited into your home by your children, and you didn’t give consent or even know they were coming, that could raise serious legal issues. Courts have ruled that law enforcement can't sidestep the Constitution by sending someone into a private space to gather evidence, especially if the target didn’t knowingly invite them in. Recording in a private bedroom could make it worse, as that's one of the most protected areas of a home under the law.
You need to speak to a defense attorney as soon as you can. Evidence that was gathered illegally may be suppressed, meaning it can't be used against you in court. The details of how the CI entered and where they went matter a lot. Don’t wait—getting the right guidance early could make a big difference in your case.
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