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The written motion was not specific, but at the hearing there was no question as to the items sought to be suppressed. They got married after she began working as a prostitute for Sue Lynn's.

See State v. Burton, S. As discussed below, we believe appellant failed in both respects. Rule 12, Tenn. As with any other motion in the criminal courts of this state, a motion to suppress Prostitutes Maryville must state with particularity Prostitutes Maryville grounds upon which the motion is predicated.

Furthermore, in order to receive a hearing upon such a motion, the Prostitutes Maryville must be sufficiently definite to enable the trial court to determine whether a substantial claim has been presented. State v. Burton, supra. Appellant's written motion sought to suppress "the property seized in this cause Johnson, S.

Perhaps as a consequence of this lack of clarity, the trial court Prostitutes Maryville counsel during the hearing on the motion to suppress which searches were being challenged. Prostitutes Maryville dialogue between the court and counsel was as follows:. Clearly, counsel expressed no desire to challenge the search of Sue Lynn's nor suppress the items seized therein.

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On at least Prostitutes Maryville other occasions, during the suppression hearing, counsel inferred he was interested only in suppressing the cash. While cross-examining Detective Widener, counsel asked the following questions:. Immediately after the hearing, the court ruled from the bench on the motions to suppress presented by the various defendants. The court granted appellant's motion to suppress the cash seized as Prostitutes Maryville of the warrantless search of his person.

The court also stated, among other things, that appellant had no standing Prostitutes Maryville challenge the search of Sue Lynn's. This was surplusage because the court was doubtless under the belief that appellant was not challenging that search.

Upon the court's announcement of his rulings, counsel for appellant took issue with one portion of the court's decision, but did not contest the court's statement with respect to the Prostitutes Maryville issue as it related to Sue Lynn's. We are not holding that a contemporaneous objection was necessary at this point because the court had already ruled.

We merely point this out to illustrate appellant's consistent Prostitutes Maryville apparently conscious decision not to challenge the search of Sue Lynn's.

We believe that the trial court granted appellant's motion as presented. The written motion was not specific, but at the hearing there was no question as to the items sought to be suppressed. Appellant asserted in this motion that he had recently learned, through discovery, that the state may offer proof at trial that appellant "had a possessory interest of some kind in the business establishment known as Sue Lynn's.

The trial court, quite properly we believe, refused to grant this motion. We first stress that appellant has presented no authority to support his position that he should be able to postpone his assertion of standing until the facts developed to his benefit at trial.

As noted earlier, motions to suppress must be presented prior to trial. Issues presented on appeal should be supported by appropriate citations of legal authority. Rule 10, Rules of the Court of Criminal Appeals. We acknowledge that the proof taken at a suppression hearing can be reopened or reconsidered, but the Prostitutes Maryville in this regard is left to the sound discretion of the trial court. We shall not interfere with that decision Prostitutes Maryville a showing that an injustice occurred as a result of the trial court's action.

Moore, S. Furthermore, appellant had every opportunity to exhibit his standing to object to the search of Sue Prostitutes Maryville prior to trial.

In order to object to the admission of illegally seized evidence the defendant must establish a legitimate expectation of privacy in the place searched. Rawlings v. Kentucky, U. Harmon, Prostitutes Maryville.

Roberge, S. Crawford, S. Presumably appellant had access to the same documents as the state. Appellant made the tactical decision not to produce any information which would exhibit his association with Sue Lynn's.

We do not question his tactical decision. We hold, Prostitutes Maryville, that the time to litigate the Prostitutes Maryville issue was prior to trial; and absent extraordinary circumstances, we see no reason why the trial court should be found in error for following the dictates of our procedural rules. The lower court committed no error in allowing the property seized at Sue Lynn's Prostitutes Maryville be admitted in evidence and presented to the jury.

Again, we are of the opinion that the trial court acted properly in its disposition of this issue. Rather than repeating the authority and reasoning discussed in the preceding section of this opinion, we note that appellant did not properly present this issue Prostitutes Maryville the trial court during the hearing on his motion to suppress.

We are also in agreement with the trial court that Prostitutes Maryville evidence gathered from the garbage dumpster was not obtained in violation of the United States or Tennessee Constitutions. It is well settled that the Fourth Amendment's procedural safeguards do not apply to police investigative activities unless those activities constitute a "search" within the meaning of the Fourth Amendment. Rather Prostitutes Maryville defining the term search in a literal fashion, the Supreme Court has chosen to define a Fourth Amendment search Prostitutes Maryville an invasion of a reasonable or legitimate expectation of privacy.

Greenwood, U. A common summary of the Supreme Court's holding in Greenwood is that "the Fourth Amendment does not prohibit Prostitutes Maryville warrantless search and seizure of garbage left for collection outside the curtilage of the home.

Hedrick, F. In the present case, appellant seems to argue that the dumpster was within the "curtilage" of Sue Lynn's; and, therefore, Greenwood would not be of assistance to the state. This is not to say that a Prostitutes Maryville could not enjoy a privacy interest in Prostitutes Maryville business establishment, even one such as Sue Lynn's; but the area around it does not likely enjoy Prostitutes Maryville same "sanctity" and "privacy" as the property surrounding a person's home.

Although Greenwood concerned a dwelling place, we have no difficulty in extending its holding in order to analyze Prostitutes Maryville instant case. Greenwood's holding is accurately paraphrased by the Seventh Circuit in Hedrick; however, the Supreme Court clearly based its holding upon principles established Prostitutes Maryville the earlier cases of Katz v.

United States, supra, Oliver v. United States, supra. California v. Ciraolo, U. Ortega, U. These cases were cited as authority for the following proposition:. The majority of the Greenwood court began its analysis by recognizing that the defendants probably expected their trash to be picked up by their trash collector, Prostitutes Maryville with their Prostitutes Maryville trash and then taken to the city dump. It was unlikely, the court acknowledged, that the defendants expected the contents of their garbage bags to become known to the police or other citizens.

Without specifically stating so, the court conceded that the defendants enjoyed a subjective expectation of privacy in their discarded, yet uncollected, garbage.

The court explained that an expectation of privacy does not give rise to the protection of the Fourth Amendment unless society is prepared to accept Prostitutes Maryville expectation as objectively reasonable.

The court concluded that "society would not accept as reasonable [defendants'] claim to an expectation of privacy in the trash Prostitutes Maryville for collection in an area accessible to the public Stating that the defendants exposed their garbage to the public sufficiently to defeat their claim of Fourth Amendment protection and concluding that they had no reasonable expectation of privacy in the inculpatory items they discarded, the Prostitutes Maryville reasoned:.

As further explanation, the court declared, "[w]hat a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection. Applying this rationale to the present case we will, as did the court in Greenwood, assume Prostitutes Maryville purposes of argument that appellant had a subjective Prostitutes Maryville of privacy in the refuse contained in the garbage dumpster behind Sue Lynn's.

The determinative question then is whether his expectation of privacy is one society is prepared to accept as objectively reasonable. Detective Widener testified that Prostitutes Maryville dumpster was in the parking lot where he and the search teams parked their van on the day of appellant's arrest. This was a parking lot for customers of Sue Lynn's. The dumpster had a lid and sliding doors, but the doors were open on the day in question.

After hearing all the evidence, the trial judge found that the dumpster was on the outer "edge" of Prostitutes Maryville property and the search was not a constitutional invasion Prostitutes Maryville anyone's rights.

The proper focus under Greenwood is whether the dumpster and the contents thereof were readily accessible Prostitutes Maryville likely to be seen by the public. The parking lot was open to all customers, and the doors to the dumpster were open.

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Consequently, there were many strangers visiting Prostitutes Maryville establishment daily, and each had easy access to the dumpster. We hold that the trial court did not err in failing to find a reasonable expectation Prostitutes Maryville privacy in the garbage dumpster.

Accordingly appellant's arguments regarding this issue are without merit. We are of the opinion that the question presented here need not be answered. In light of the abundant evidence tending to incriminate appellant, the items found at the trailer added Prostitutes Maryville little. Although the items appeared to show appellant's partial ownership of the Prostitutes Maryville and premises of Sue Lynn's, the fact that appellant was the leader and organizer of this complex prostitution business was so well Prostitutes Maryville by other testimony and documentary evidence that his ownership interest in the premises Prostitutes Maryville of minor import.

Appellant was indicted and convicted of five counts of promoting prostitution. As to the Prostitutes Maryville four counts, the law prohibiting this activity was reflected in T.

The law changed in November of and appellant was indicted for the fifth count under the amended statute. As one can easily glean from these statutes, in order to be convicted of promoting prostitution, an accused need not be found to have owned the premises.

Merely supervising or managing can lead to a conviction. In fact, the indictments themselves only refer to appellant's alleged management and supervision of Sue Lynn's.

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We simply believe that the interest of justice would not be served by reversing appellant's convictions because the jury was allowed to learn of his ownership interest, when the evidence of his complicity with Sue Lynn's in other incriminating manners is so overwhelming.

We do not intend Prostitutes Maryville give the impression that appellant's constitutional argument with respect to the search of the trailer is meritorious. In fact we reject appellant's contention for various reasons, most of which have already been explained in other portions of Prostitutes Maryville opinion. We believe, however, that it is sufficient at this Prostitutes Maryville to hold the trial court did not err; and even if it did, the error was harmless.

Rule 52 aTenn. Two witnesses testified at the sentencing hearing, both called by the state. Kurt Deals was one of the witnesses. Deals pled guilty to promoting prostitution, but his sentence was pending at the time of appellant's sentencing hearing. He was hired by appellant Prostitutes Maryville the purpose Prostitutes Maryville putting his name Prostitutes Maryville official documents.

He also acted as manager of Sue Lynn's at times. Deals was assured by appellant that the Sheriff of Blount County had been bribed, and there was no chance of trouble with legal authorities.

In fact, appellant informed Deals that the sheriffs in Chattanooga and Sevierville had been "paid off" as well. The prosecutor asked Mr. Deals whether he and appellant operated any houses of prostitution besides Sue Lynn's.

His answer was affirmative. In the house next door to Sue Lynn's was a business called Health Studio. It was a prostitution house originated and operated by appellant. Another facility engaging in the business of Prostitutes Maryville, called Brittany's, was also established by appellant. Appellant established another house in Sevierville, called Lacey's. Village Haven, another house of prostitution in Blount Prostitutes Maryville, was owned and established by appellant. There were others in Chattanooga and Fort Lauderdale, Florida.

After the raid of Sue Lynn's, appellant instructed Deals to inform authorities that appellant was only a friend and that he, Prostitutes Maryville, was the owner and operator of the Prostitutes Maryville.

He is a graduate of DePaul University.

Deals testified about some of the fruits of appellant's business ventures. His Prostitutes Maryville had a luxury sports car and a boat in Chattanooga. Deals testified about appellant's three condominiums in Florida.

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The two also participated in the use of cocaine on many occasions over the two-year period prior to trial. This contradicted appellant's statement in his probation report that he had never used any illegal drugs except marijuana once in Prostitutes Maryville other witness to testify at the sentencing hearing was Marcus Miller, a probation officer with the Tennessee Department of Correction.

Appellant was very uncooperative with the preparation of the presentence report. He claimed to have been instructed by counsel Prostitutes Maryville to make any statements, apparently because of other pending charges or investigations. We find it odd, however, that appellant even refused to provide any information about prior work history. He would only state that he was in the "home improvement field.

Even if appellant had a valid Fifth Amendment argument during the sentencing phase of this trial, we fail to see how providing such information would be incriminating. As for appellant's criminal record, he had been charged with various offenses in Hamilton County in and He was convicted of possessing cocaine in May of and received a sentence of six months unsupervised probation. The court sentenced appellant to two years on each of his five convictions and ordered them to be served consecutively Prostitutes Maryville an effective sentence of ten years.

The court denied appellant's request for probation. Appellant, whose sentencing hearing took Prostitutes Maryville in March of for offenses Prostitutes Maryville between andwas sentenced under the Criminal Sentencing Reform Act of The trial court's determinations concerning sentencing carry a presumption of correctness.

When considering the issue of probation, the trial court as well as this Court considers the nature and circumstances of the offense or offenses, the defendant's criminal record, the defendant's social history, the defendant's present mental and physical condition, the deterrent effect upon other criminal activity, and the likelihood that probation will serve both the public and the defendant's best interests.

Stiller v. Biggs, S. The facts in this case are similar to those in State v. Charlton, S. We add in this case that probation would not be in Prostitutes Maryville best interest of society. Prostitutes Maryville appellant's criminal record, although not extensive, certainly does not reflect Prostitutes Maryville clean slate. As for appellant's social history, his failure to cooperate with his probation officer resulted in very little information in this area.

The state established that appellant owned or operated at least seven houses of prostitution which appears to have made him a wealthy man. He operated Sue Lynn's as if it were a modern, legitimate business: it accepted major credit Prostitutes Maryville, had a bank account, advertised in local newspapers, and had well-defined rules for the prostitutes and managers.

Appellant attempted to shield himself from criminal prosecution by bribing law enforcement officials. He tried to insulate himself from criminal liability by placing the business permits and other documents under the name of Kurt Deals, and then instructed Deals to lie about his involvement once the criminal activity was uncovered.

Appellant's criminal record shows that he was indicted for three offenses that took place in possession of cocaine; possession of a gambling apparatus; and possession of marijuana.

Pursuant to a plea bargain, appellant pled guilty to the charge of possessing cocaine; and the other charges were dropped. No evidence was presented at the sentencing hearing by appellant. He has clearly failed to meet his burden of establishing an entitlement to probation. The final issue Prostitutes Maryville for our consideration is whether the trial court erred by ordering appellant's five sentences to be served consecutively. A review of T.

That statute provides in pertinent part:. In Gray Prostitutes Maryville. A preponderance of the evidence certainly shows that appellant was a professional criminal as that term is defined by the statute. The trial court did not apply T. The evidence supporting appellant's convictions show that his criminal activity was so extensive as to warrant consecutive sentencing.

We have thoroughly considered the record, briefs and oral arguments presented by the parties and are unable to find any reversible error. Prostitutes Maryville, the convictions and sentences entered by Prostitutes Maryville trial court Prostitutes Maryville affirmed in all respects. Bell State v. Bell Annotate this Case.

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