Johnson’s Appeal Denied of 2008 Case

The Court of Criminal Appeals in Nashville has denied a motion by Edward Johnson, an appeal to the Cannon County Circuit Court’s denial of his motion to suppress evidence gathered during a search of his property.

Judge John Everett Williams delivered the opinion in which Judges David H. Welles and Jerry L. Smith joined on July 22, 2010.

On June 20, 2008 various members of law enforcement were taking part in Operation FALCON II, an joint effort by local law enforcement and the U.S. Marshals to round up wanted fugitives in Tennessee. Authorities were attempting to locate fugitive Jim Flesher and had reason to believe he was at the Johnson’s residence, 4545 Big Hill Road in the Short Mountain community.

Flesher was not found but officials did find marijuana leaves on the floor of an outbuilding near the home. A strong odor of marijuana caused law enforcement to search the building where they later discovered an underground marijuana grow operation and over 100 mature marijuana plants.

Johnson was arrested and charged with Manufacture of Marijuana over 100 plants, Possession of a Controlled Substance with Intent to Sell, Possession of Drug Paraphernalia, Maintaining a Building for the Purpose of Keeping or Selling Controlled Substances. The defendant filed a motion to suppress, challenging the search. The trial court found that the search was valid because the defendant’s ex-wife had common authority over the garage.

The court ruled that the officers did not violate the defendant’s rights by entering the property to consent. As such, the denial of the motion to suppress is affirmed and the case is remanded to the trial court for trial.

No trial date has been set but the case will be heard in Cannon County Circuit Court.