Could 'Good Faith Exception' Lead To New Lindsey Lowe Trial?

Posted at 10:48 PM, Sep 05, 2017
and last updated 2017-09-05 23:48:55-04

A mom who did the unthinkable might get a second chance before a judge, and a large part of that outcome may rest on what the Tennessee Supreme Court hears on Tuesday.

Lindsey Lowe was sentenced to more than 50 years in prison for smothering her newborn twin boys with her bare hands just moments after giving birth.  But Lowe's attorney says evidence gathered at her home should be thrown out because of an error involving the search warrant.

The search warrant had two separate times listed on the document, and Lowe's attorney says that error should mean the evidence from that warrant should be thrown out, because it's impossible to tell whether it was executed before or after the warrant was issued.

On Tuesday, the Tennessee Supreme Court will hear arguments about whether that search warrant deserves a so-called "good faith exception" - allowing evidence gathered in the home to remain in the case, if it's found that the error in the search warrant was only technical in nature, and didn't lead to a deliberately illegal police search.  

Lowe's Attorney, David Raybin, argues the search warrant was not simply a technical error.

"Police officers need bright line rules to follow, when you allow 'anything goes,' then nothing is safe anymore," Raybin said.

Tuesday's hearing will take place in Knoxville.

Lowe's attorneys have asked for a new trial before.  In 2014, a judge denied a request after prosecutors said Lowe was treated fairly.