Judge denies motion to suppress evidence from White Bluff search, finds DuBois had standing

The court denied a joint motion to suppress evidence seized from a garage/shop structure at 358 Old Highway 70 after finding the facts supported the state's assertions that defendant James (J.T.) DuBois maintained his principal residence in that structure. The judge applied Tennessee case law on standing (including State v. White and related decisions) and concluded the testimony—particularly from Captain Troy Martin and probation records—supported a finding that DuBois had a reasonable expectation of privacy in the garage and therefore had standing to raise a warrantless-search challenge.

The state then proceeded on the warrantless-search question, introducing a probation order and monthly reporting forms showing DuBois reported to probation in May and July 2024 and had a probation condition permitting searches. Probation/parole personnel testified about the existence of a Rule 7 condition permitting searches without a warrant. The judge concluded the originally issued search warrant was facially invalid (finding the affidavit did not create an adequate nexus to the precise area searched) but held that because DuBois was on state probation with a search condition and because a probation officer was present for the search, the warrantless search was not unreasonable under controlling Tennessee precedent; the motion to suppress was therefore denied.

Nut graf: The ruling separates the question of standing (who may challenge a search) from the question whether the search was lawful; the judge found DuBois had standing to challenge the search but ultimately concluded the probation-search condition rendered the intrusion reasonable and denied suppression, permitting the evidence to go forward to trial.

Court noted authorities and record exhibits: On the record the court referenced State v. White, State v. Bond, and the state Supreme Court’s decision in State v. Ham (discussed in argument) in reaching the conclusion that a probation condition allowing a suspicionless search can make a search reasonable under Tennessee law when properly established on the record. The court asked the state to prepare a written order reflecting the oral ruling and set further status dates if the cases were not resolved by January.