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State v. Henderson3/7/2001
he type of crime, the nature of the items, and the normal inferences where a criminal would hide the evidence." Id.
The affidavit provide by Detective Widener in support of the search warrant in this case provides:
Affiant . . . has good ground and belief, and does believe that James A. Dellinger is in possession of . . . ne 12 gauge shotgun, make and model unknown, and 12 gauge "00" shotgun shells, Remington Peters Brand.
ffiant has information to show that at approximately 7:11 p.m., 21 February 1992, Tommy Griffin was involved in a fight with James Dellinger and Gary Sutton. Tommy Griffin was arrested at Blount County and booked at approximately 7:35 p.m. At approximately 9:30 p.m. this same night, Tommy Griffin's mobile home located in the same proximity as that of James Dellinger's home burned to the ground. At 11:25 p.m. this night of 21 February 1992, at the Blount County Jail, James Dellinger and Gary Sutton showed up and made bail for Tommy Griffin, who was last seen alive leaving the Blount County Jail at 11:25 p.m. on 21 February 1992, with Dellinger and Sutton. Affiant has further information to show that at 11:55 p.m. Tommy Griffin was shot dead with a 12 gauge shotgun; one blast striking him in the back of the head-that blast being "00" buckshot; and two spent 12 gauge "00" buckshot hulls, Remington Peters Brand, were found near the body.
We conclude that this affidavit is sufficient on its face to establish that there was probable cause to believe that the twelve gauge shotgun that was used to kill Griffin, as well as some shotgun shells, would be found at Dellinger's residence. The affidavit states that Dellinger had been in an altercation with Griffin a few hours before Griffin was killed, that Griffin was last seen alive when Dellinger bailed him out of jail thirty minutes before he was killed, and that Griffin was killed by a shot from a twelve gauge shotgun. This information establishes probable cause to believe that Dellinger participated in the murder of Griffin. In addition, it is reasonable to conclude that a shotgun is an item that would be kept at the owner's residence. Indeed, as noted by the Tennessee Supreme Court in Smith,
Where the object of the search is a weapon used in the crime or clothing worn at the time of the crime, the inference that the items are at the offender's residence is especially compelling, at least in those cases where the perpetrator is unaware that the victim has been able to identify him to the police. Other instrumentalities are also likely to be in the offender's home, especially when there is reason to believe he would make use of them there. 868 S.W.2d at 572.
Thus, we conclude that the affidavit does establish a nexus between Dellinger's property and the items sought pursuant to the warrant. This issue has no merit.
B. Truthfulness of the Affidavit
Dellinger contends that the search warrant is invalid because it contains false statements and misrepresentations. Specifically, Dellinger contends that the statement in the affidavit that "at approximately 7:11 p.m., 21 February 1992, Tommy Griffin was involved in a fight with James Dellinger and Gary Sutton" is false and misleading. We disagree.
The Tennessee Supreme Court has set forth two circumstances which authorize impeachment of a facially valid search warrant affidavit: (1) when "a false statement made with intent to deceive the Court, whether material or immaterial to the issue of probable cause, and (2) [when] a false statement, essential to the establishment of probable cause, recklessly made." State v. Little, 560 S.W.2d 403, 407 (Tenn. 1978). The trial court concluded that ne
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