Opinion

State of Tennessee v. Ronald Andrew Archey

Court
Court of Criminal Appeals of Tennessee
Filed
Mar 7, 2025
Status
Published
On the bench
Judge Robert W. Wedemeyer
Cited by
0 cases
Authority
More cited than 34.4%

The opinion

03/07/2025

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT NASHVILLE

January 21, 2025 Session

STATE OF TENNESSEE v. RONALD ANDREW ARCHEY

Appeal from the Circuit Court for Coffee County

No. 16CC1-2022-CR-48017 William A. Lockhart, Judge

___________________________________

No. M2024-00755-CCA-R9-CO

___________________________________

In this interlocutory appeal, the State asks us to review the trial court’s pretrial suppression

of data from the Defendant’s cell phone. Before searching the cell phone, law enforcement

officers sought and obtained a search warrant, which a magistrate authorized based upon

its finding that probable cause existed to support the search warrant. The Defendant filed

a motion to suppress the evidence found on the phone, and the trial court granted the

motion. The State asked for, and the trial court granted, an interlocutory appeal to review

the trial court’s ruling on the motion. After review, we reverse the trial court’s order

granting the Defendant’s motion to suppress.

Tenn. R. App. P. 9 Interlocutory Appeal as of Right; Judgment of the Circuit Court

Reversed

ROBERT W. WEDEMEYER, J., delivered the opinion of the court, in which ROBERT L.

HOLLOWAY, JR., and TIMOTHY L. EASTER, JJ., joined.

Jonathan Skrmetti, Attorney General and Reporter; Edwin Alan Groves, Jr., Assistant

Attorney General; and C. Craig Northcott, District Attorney General, for the appellant,

State of Tennessee.

Andrew Justice, Murfreesboro, Tennessee, for the appellee, Ronald Andrew Archey.

OPINION

I. Facts

This case arises from the killing of Logan Tindale and Chasity Hill, both of whom

were shot to death on September 18, 2021. In March 2022, the Coffee County grand jury

indicted the Defendant and co-defendant Blake Hickerson for two counts of first degree

murder, two counts of felony murder, one count of especially aggravated burglary, one

count of employment of a firearm during the commission or attempted commission of a

dangerous felony, one count of possession of a firearm by a convicted felon, and one count

of tampering with evidence.

On September 21, 2021, two days after the murder, law enforcement sought a search

warrant to search the Defendant’s cell phone. Investigator Brandon Reed, a criminal

investigator with the Coffee County Sheriff’s Department, submitted an affidavit in support

of the search warrant that read as follows:

On September 19th, 2021, Coffee County Sheriff’s deputies responded to [an

address in] Coffee County, TN, to a call of two people being shot. When

deputies arrived, they discovered the victims, Logan Tindale, and Chasity

Hill. Both victims were deceased when the deputies arrived. When

investigators arrived, it appeared that the victims suffered from gunshot

wounds.

During the course of the investigation, we learned of a suspect [the

Defendant] . . . through Ms. Kensey Nichole Smotherman. Ms. Smotherman

advised [that the Defendant] came to her residence on September 18th, 2021

and when she noticed him, he was standing at her bedroom doorway. Ms.

Smotherman advised she [was] unsure of when or how he got in the

residence. Ms. Smotherman advised he asked her several questions about

her where abouts along with Logan Tindale and Chasity Hill nights before.

Ms. Smotherman advised not long after [the Defendant] told her to come

outside and put her hands over her ears. Ms. Smotherman advised [the

Defendant] escorted her to a tree out front of the residence and he went inside

and she heard approx. 6 gunshots. Ms. Smotherman advised that [the

Defendant] came back out and le[d] her back into her bedroom when she

heard Ms. Chasity Hill say “don’t kill me” and she then heard another shot.

Ms. Smotherman advised [the Defendant] told her not to come out of her

bedroom and he left. During [the Defendant] being there he had mentioned

“two brothers being in the room with Mr. Tindale and Ms. Hill”. Ms.

Smotherman advised she didn’t come out of the bedroom until the next

morning (daylight) when she went straight to Ms. Saundra Perry’s residence

and told her about it. Ms. Perry went to the residence [where the shooting

occurred] and located Mr. Tindale and Ms. Hill deceased. Ms. Perry then

notified Police.

On this same date, Investigator Gullett and myself spoke with Ms.

Lisa Partin [the Defendant’s girlfriend] down the road from the crime scene.

We asked Partin about [the Defendant’s] where abouts and she advised she

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hadn’t talked with him since the night before when he got mad at [a

neighbor’s residence] and walked away from the residence. Ms. Partin

advised me I could look through her phone. Upon looking through her call

log I noticed that she had spoke[n] with [the Defendant] on several occasions

on 09/18/21 through 09/19/2021. Ms. Partin had previously advised that [the

Defendant] had broke[n] his phone the night he got mad at [the neighbor’s]

residence.

Later in the evening on September 19th, 2021, [the Defendant] got into

contact with Deputy Kelly Smith (SRO Coffee County Sheriff’s Department)

and was inquiring [about] what was going on and said he heard Investigators

needed to speak with him. Deputy Smith advised him we needed to clarify

some stuff with him. [The Defendant] advised Deputy Smith where he was

and advised him to tell [Investigators] to come talk to him. [The Defendant]

advised Deputy Smith he was at his residence [in Hillsboro, Tennessee].

Investigator Brandon Gullett, Investigator John Anthony, Investigator

Blake Simmons, Investigator Jason Maloney and myself went to the

residence to make contact with [the Defendant]. We had already learned that

[the Defendant] was living in an outbuilding/shed on the back of the property

at [a house on] . . . A Street. I first attempted to make contact at the front

door [of the house] with no contact. We then went to the back yard where

the outbuilding/shed was when [the Defendant] came from the back of the

property through what appeared to be the B Street area. [The Defendant] did

advise while we were there and pointed out which outbuilding/shed he was

living in. [The Defendant] agreed to come to the Sheriff’s Department and

speak with us about this matter. While in route [the Defendant] was

mirandized (all recorded) and some questions w[ere] asked while in route.

Upon arrival at the Sheriff’s Department [the Defendant] was again

asked about the incident and he denied even being on the property with

Investigator Gullett and myself in the room. Sheriff Chad Partin then came

in and Investigator Gullett left and [the Defendant] still denied being at the

residence [where the shooting occurred]. Sheriff Partin and myself walked

out for approx. 20 minutes and went back in. Upon going back in [the

Defendant] advised us that he indeed did go to the property but was victim

of kidnap. [The Defendant] advised he was forced to go there by 2 unknown

masked men in a small black or blue car on B Street in Hillsboro, Tn. [The

Defendant] advised they told him he was going in the residence and he went

to Ms. Smotherman’s bedroom while the two unknown men were in the

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hallway. [The Defendant] advised he was finally able to get Ms.

Smotherman to the front door but she wouldn’t leave. [The Defendant]

advised he heard and saw gunshots inside the residence but still couldn’t get

Ms. Smotherman to leave. [The Defendant] advised after the incident he left

[the scene of the shooting] and walked to his outbuilding/shed [on] A Street.

At one point I asked [the Defendant] about his jacket he had on and he

advised the jacket he was wearing the night of the incident was in his

outbuilding/shed and that it was a zip up jacket with a hood dark blue in

color. While speaking with [the Defendant] he gave me consent to look in

his phone. [The Defendant] had made several phone calls on Facebook

Messenger after [when he said] the incident happened. [The Defendant] at

this point advised he didn’t want to answer anything else until his attorney

arrived.

On September 20th, 2021, Investigator Gullet and Investigator James

Sherrill went . . . and spoke with Ms. Lisa Partin [the Defendant’s girlfriend]

again. While speaking with Ms. Partin she advised Investigators that [the

Defendant] told her that [victim] Tindale was in his vehicle when he arrived

and he took him back inside. [The Defendant] then told her that [victim]

Chasity [Hill] begged him not to shoot her and she (Hill) gave him no choice.

[The Defendant] told Ms. Partin that he took care of business. Ms. Partin

advised the shotgun in question was a brown sawed off shotgun which she

saw prior to [the Defendant] going to [the scene of the shooting]. Ms. Partin

advised the shotgun would be in a tote or in the truck around back which she

saw [the Defendant] carrying away from the outbuilding/shed towards the

C10 truck.

The affiant, Officer Reed, then stated that “through [his] training and experience [he

knew] that” people kept “information stored on their phones such as text messages about

evidence, videos, photos/images of the evidence, call logs to and from people involved,

locations and other important evidence . . . .” He asserted that the Defendant’s phone

“possibly has important information (data) relating to the crime of First Degree Murder.”

The magistrate agreed and issued a search warrant for the Defendant’s phone for

evidence pertaining to the crime(s) of first degree murder and other related offenses. It

allowed the phone to be subject to a complete forensic examination.

When examining the phone, law enforcement officers found phone calls and text

messages between the Defendant’s phone and the alleged getaway driver, Lexie Anderson,

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who the State believed was using co-defendant Hickerson’s cell phone to communicate

with the Defendant.

On November 8, 2023, the Defendant filed a motion to suppress the data gathered

from his cell phone. In the motion, he acknowledged that he was “likely present [at the

crime scene] in some capacity” but said that there was conflicting evidence about whether

he shot either victim. He contended that the affidavit did not establish probable cause

because it made “little or no effort to show any probable cause that damning evidence

would be found in the phone.” He asserted that the search warrant was defective for lack

of probable cause because the affidavit never tied the crime to the cell phone. He asserted

that because there was no nexus between the crime and the cell phone, the Fourth

Amendment required suppression of the evidence gleaned from the search.

At a hearing on the motion, the Defendant’s counsel (“Counsel”) argued that the

evidence from the cell phone should be suppressed because “there [was] just an utter lack

of probable cause in the search warrant affidavit . . . .” Counsel agreed that the Defendant’s

girlfriend, Ms. Partin, and Ms. Smotherman provided probable cause that the Defendant

committed the crimes but he argued that there was no nexus in the affidavit that supported

the search of the phone.

The State informed the trial court that some of the messages at issue were also

available to the State because the State had received copies from a third party. From the

Defendant’s phone, the State sought to introduce the phone call log and three relevant texts.

The State recounted the standard of review, which required the trial court to give the

magistrate’s determination great deference. The State noted that the affidavit included that

a witness, Ms. Smotherman, placed the Defendant at the scene of the shooting on the day

of the shooting and around the time of the shooting and that cell phones have the ability to

track location, meaning the cell phone data could confirm the witness’s account. Further,

Ms. Smotherman indicated that the Defendant said there were two other brothers in the

room with the victims. The cell phone data would show whether there was communication

between those brothers and the Defendant around the time of the murder. The State also

noted that the affidavit indicated that the affiant had spoken with the Defendant’s girlfriend,

Ms. Partin, who showed him her phone and indicated that she had spoken with the

Defendant around the time of the murders. Ms. Partin was also the mother of one of the

victims.

The State noted that the affidavit indicated that the Defendant used his cell phone

to call law enforcement to come in for questioning. He then spoke with officers and told

them that he was not at the scene of the shooting. This made location tracking important,

as indicated in the affidavit. The State said the trial court was within its discretion when it

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used a commonsense inference that the Defendant may have had his cell phone with him

at the time of the offense and that the cell phone data would show whether he was at the

location of the shooting.

The trial court then stated:

The issue that I’m running into is getting into the reasonableness of that

inference because if you take that to its fullest extent you can search anyone’s

cell phone at any time that is involved in any crime if you can establish

probable cause that they are involved in whatever crime.

The trial court expressed concern that this was too broad an implication. The State said

that case law required that the trial court make a reasonable inference as to whether there

would be useful information on the cell phone to be searched. The State also noted that

the Defendant granted law enforcement consent to look at his phone, which showed he had

made several calls on Facebook Messenger shortly after the shooting.

The State also argued that the evidence should not be suppressed because law

enforcement officers relied upon it in good faith. Had it been denied, the officers could

have presented additional evidence to bolster the necessity of the search warrant. It further

noted that, if the trial court granted the motion to suppress, the State could also then file a

second affidavit to search the cell phone, which was still in its possession, based upon the

other evidence gathered during the investigation.

After further argument, the State asked to make an offer of proof regarding what it

found on the cell phone that it would seek to introduce at trial. The trial court took that

request under advisement, but the court ultimately did not allow the State to make an offer

of proof.

On February 29, 2024, the trial court issued a written order granting the Defendant’s

motion to suppress. The order stated:

[T]he Defendant argues that the search warrant lacked probable cause

inasmuch as there was not a reasonable nexus to the crime being investigated

and the Defendant[’]s cell phone. After a review of the warrant, pleadings

and argument of counsel the Motion is GRANTED for the reasons outlined

below.

The warrant in question was obtained by Inv. Brandon Reed on

September 21, 2021. It was introduced as an exhibit to the hearing. The

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warrant lays out thoroughly the probable cause that Defendant was at the

residence when the killings occurred. This is based in large part . . . on his

admission to being there during an interrogation.

However, the warrant itself is for the electronic cellular telephone data

of the Defendant. In the affidavit the only reference to a cell phone is to

communications with Lisa Partin, the Defendant[’s] girlfriend, and that he

had used Facebook Messenger to make some calls in the days following the

killings. These assertions alone do not show a nexus between the crime and

the place to be searched, here the phone, as is required.

The State argues essentially if you are suspected of a crime and own

a cell phone, that the reasonable inference is that you would carry that cell

phone with you during the crime and it would likely have evidence of a crime

or communication of the crime following the crime. The Court believes that

is not a reasonable inference and that the Fourth Amendment requires more

specific and articulable facts of why information pertaining to the crime

would be on the phone.

On April 1, 2024, the State sought an interlocutory appeal to the trial court. The

trial court granted the motion and certified the following issue for interlocutory appeal:

Whether the trial court erred by suppressing all data from the [D]efendant’s

cell phone after finding that the search warrant affidavit failed to establish

probable cause.

This court considered all of the criteria expressed in Rule 9 of the Tennessee Rules of

Appellate Procedure, which provides for interlocutory appeals, and agreed with the trial

court that the State’s application should be granted.

II. Analysis

On appeal, the State asserts that the trial court erred when it granted the Defendant’s

motion to suppress because the affidavit provided probable cause. Further, even if not, the

law enforcement officers reasonably relied upon the magistrate’s determination that

probable cause existed. The Defendant contends that the trial court correctly ruled that his

motion to suppress should be granted because there was no probable cause to support the

warrant.

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In reviewing a motion to suppress, this Court is bound by the trial court’s findings

of fact unless the evidence preponderates against them. State v. Saine, 297 S.W.3d 199,

205 (Tenn. 2009); State v. Ross, 49 S.W.3d 833, 839 (Tenn. 2001). We are mindful that

“[q]uestions of credibility of the witnesses, the weight and value of the evidence, and

resolution of conflicts in the evidence are matters entrusted to the trial judge as the trier of

fact.” State v. Odom, 928 S.W.2d 18, 23 (Tenn. 1996). The prevailing party in the trial

court is afforded “the strongest legitimate view of the evidence adduced at the suppression

hearing as well as all reasonable and legitimate inferences that may be drawn from that

evidence.” Id. While we defer to the trial court’s findings of fact, the application of the

law to those facts is a question of law, which this Court reviews de novo with no

presumption of correctness. Saine, 297 S.W.3d at 205 (citing State v. Yeargan, 958 S.W.2d

626, 629 (Tenn. 1997)). We also review the trial court’s conclusions of law de novo. Id.

(citing State v. Carter, 160 S.W.3d 526, 531 (Tenn. 2005)).

Both the federal and state constitutions protect against unreasonable searches and

seizures. The Fourth Amendment to the United States Constitution provides that “[t]he

right of the people to be secure in their persons, houses, papers, and effects, against

unreasonable searches and seizures, shall not be violated.” Article I, section 7 of the

Tennessee Constitution similarly guarantees “[t]hat the people shall be secure in their

persons, houses, papers and possessions, from unreasonable searches and seizures.” These

constitutional provisions are “identical in intent and purpose.” State v. Hamm, 589 S.W.3d

765, 771 (Tenn. 2019). “[U]nder both the federal constitution and our state constitution, a

search without a warrant is presumptively unreasonable, and any evidence obtained

pursuant to such a search is subject to suppression unless the state demonstrates that the

search was conducted under one of the narrowly defined exceptions to the warrant

requirement.” State v. Cox, 171 S.W.3d 174, 179 (Tenn. 2005).

In this case, law enforcement sought, and a magistrate granted, a search warrant.

The Defendant contends that the search warrant for his residence was unsupported by

probable cause because it failed to establish a sufficient nexus between his cell phone and

the murder. Generally, courts will presume that a search was reasonable if it was conducted

pursuant to a valid warrant. State v. McElrath, 569 S.W.3d 565, 570 (Tenn. 2019). A

sworn and written affidavit containing allegations from which a magistrate may determine

whether probable cause exists is an “indispensable prerequisite” to the issuance of a search

warrant. State v. Henning, 975 S.W.2d 290, 294 (Tenn. 1998). The affidavit must present

facts from which a “‘neutral and detached magistrate, reading the affidavit in a common

sense and practical manner’” may determine the existence of probable cause for issuance

of the search warrant. Carter, 160 S.W.3d at 533 (quoting Henning, 975 S.W.2d at 294).

“To ensure that the magistrate exercises independent judgment, the affidavit must contain

more than mere conclusory allegations by the affiant.” Henning, 975 S.W.2d at 294. The

8

probable cause determination of a neutral and detached magistrate is “entitled to ‘great

deference’ by a reviewing court.” State v. Jacumin, 778 S.W.2d 430, 431-32 (Tenn. 1989).

To establish probable cause, the affidavit must show a nexus among the criminal

activity, the place to be searched, and the items to be seized. State v. Reid, 91 S.W.3d 247,

273 (Tenn. 2002); State v. Smith, 868 S.W.2d 561, 572 (Tenn. 1993). In determining

whether the nexus has been sufficiently established, we “consider whether the criminal

activity under investigation was an isolated event or a protracted pattern of conduct [,] . . .

the nature of the property sought, the normal inferences as to where a criminal would hide

the evidence, and the perpetrator’s opportunity to dispose of incriminating evidence.”

Reid, 91 S.W.3d at 275; see also Smith, 868 S.W.2d at 572. Our supreme court has upheld

a magistrate’s determination where the magistrate “could reasonably infer” that evidence

was in the location for which the search warrant was sought. Saine, 297 S.W.3d at 206.

In determining whether probable cause supports the issuance of a search warrant,

reviewing courts may consider only the affidavit and may not consider other evidence

provided to or known by the issuing magistrate or possessed by the affiant. Carter, 160

S.W.3d at 533. The affidavit in this case did not contain direct information connecting the

object of the search, the cell phone, with the murder. The affidavit did not state, for

example, that there would likely be pictures of the victims contained on the phone. We

must therefore determine whether it was reasonable for the magistrate to infer that

information connecting the Defendant to the location of the murders and communications

with others involved in the murders would be located on the Defendant’s cell phone.

“Articulating precisely what probable cause means is not possible. Probable cause

is more than a mere suspicion but less than absolute certainty. [T]he strength of the

evidence necessary to establish probable cause . . . is significantly less than the strength of

evidence necessary to find a defendant guilty beyond a reasonable doubt.” Id. at 299-300

(internal citations and quotation marks omitted). When an affidavit is proffered to show

probable cause for a search warrant, “it must ‘set forth facts from which a reasonable

conclusion might be drawn that the evidence is in the place to be searched.’” State v. Tuttle,

515 S.W.3d 282, 300 (Tenn. 2017) (quoting State v. Smith, 868 S.W.2d 561, 562 (Tenn.

1993)). Thus, to prove probable cause exists, “the affidavit presented to the magistrate

must demonstrate a nexus between the criminal activity, the place to be searched, and the

items to be seized.” Id.

Giving deference to the magistrate, we conclude that it did not err when it

determined that the affidavit provided probable cause to support the search warrant. The

affidavit provided a sufficient nexus between the murders and a search of the cell phone.

The affidavit included the statement of a witness, Ms. Smotherman, who said that the

9

Defendant was at the scene of the murders when they occurred. The Defendant asked Ms.

Smotherman about where she, victim Tindale and victim Hill had been in the nights before

the shooting. He then walked the victim outside, told her to put her hands over her ears,

went back into the residence, and Ms. Smotherman heard six gunshots. The Defendant

escorted Ms. Smotherman back inside the house where she heard Ms. Hill say, “don’t kill

me.” She then heard another gunshot. The Defendant told Ms. Smotherman that there

were “two brothers” in the room with the victims.

The affidavit also included statements from the Defendant’s girlfriend, Ms. Partin.

Ms. Partin offered her phone to law enforcement officers who saw that the Defendant had

communicated with Ms. Partin by phone on several occasions on the day of the murder

before it occurred and the day after the murder. In a subsequent interview, Ms. Partin said

that the Defendant admitted shooting Ms. Hill. He also told her that Mr. Tindale was in

his vehicle when the Defendant arrived, and the Defendant took Mr. Tindale inside. Ms.

Partin said that she had seen the Defendant with a sawed-off shotgun.

The affidavit also detailed how the Defendant contacted investigators two days after

the shooting, using his cell phone. The Defendant spoke with two different sets of

investigators and twice denied being present at the shooting scene. He later changed his

story and said that he was present when the gunshots were fired but that he had been

kidnapped by two unknown masked men and taken to the residence. At first, the Defendant

gave officers consent to look at his phone, which showed that he had made several phone

calls using Facebook Messenger after the killings occurred.

The affidavit specifically said that affiant Investigator Reed, through training and

experience, knew that there could be valuable information stored on cell phones, including

evidence of text messages and evidence about locations. The affiant posited that the cell

phone belonging to the Defendant possibly had important data on it.

Applying the standard that the probable cause determination of a neutral and

detached magistrate is “entitled to ‘great deference’ by a reviewing court,” see Jacumin,

778 S.W.2d at 431-32, we conclude that the facts contained in the application for the search

warrant established a substantial basis on which the magistrate could conclude that

evidence of the Defendant’s “location” i.e. his presence and involvement in the murder

would be found on his phone. See id. The Defendant’s location at the scene of the murder

was clearly at issue. Ms. Smotherman placed him there, the Defendant at first denied being

present, but he later said he was present as a kidnapping victim. The Defendant offered

officers his phone, which showed he used it before and after the murders. Ms. Partin

showed that the Defendant had communicated with her by phone before and after the

murder. The magistrate did not err when it determined that the evidence in the affidavit

10

was sufficient to demonstrate a nexus between the Defendant’s location information which

could be found on his cell phone and his involvement in the crimes.

Further, the magistrate did not err when it reasonably inferred that there existed

probable cause based upon the sufficient nexus between the murders and the Defendant’s

phone, sufficient to establish probable cause, based upon the Defendant’s cell phone usage.

The affidavit states that the Defendant communicated with Ms. Partin via that phone before

and after the murder. It is reasonable to assume he had his phone with him between those

communications and during the murders. The affidavit also states that the murders were

committed by multiple people, one of whom was the Defendant, and it is reasonable to

assume that they communicated via cell phone around the time of the murders.

We acknowledge the trial court’s concern that giving law enforcement over-broad

access to potential suspect’s cell phone data may implicate constitutional protections. We,

however, do not think that the magistrate’s decision in this case lacked probable cause.

Accordingly, we hold that the search warrant for the Defendant’s phone was supported by

probable cause, and we reverse the trial court’s suppression of the evidence obtained during

that search.

III. Conclusion

In accordance with the aforementioned reasoning and authorities, the trial court’s

ruling is reversed, and the case is remanded to the trial court for further proceedings

consistent with this opinion.

______S/ ROBERT W. WEDEMEYER__

ROBERT W. WEDEMEYER, JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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