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State v. Peek5/3/2000
nt. Moon, 841 S.W.2d at 338.
In obtaining the search warrant at issue in this case, Detective Phillips of the Chattanooga Police Department submitted his affidavit to the General Sessions Court of Hamilton County on August 6, 1996. The affidavit states as follows:
AFFIDAVIT IN SUPPORT OF REQUEST FOR SEARCH WARRANT
BEFORE THE HONORABLE RICHARD HOLCOMB, JUDGE
GENERAL SESSIONS COURT, CHATTANOOGA, TENNESSEE
I, Bill Phillips, make oath that I am a Police Officer duly appointed as such in the State of Tennessee, City of Chattanooga, and have been an officer for seven and one-half (7-½) years. I, Bill Phillips, herein referred to as the affiant, further make oath as to the following facts:
1) That on July 1, 1996, at approximately 5:00 a.m., police were called to 1605 E. 40th Street, Apartment B in Chattanooga, Tennessee, in the East Lake Community to the scene of a reported rape. Upon arrival, Chattanooga Police Officer Malcolm Kennemore, found the victim, [K.T.], white/female, date of birth being 10/20/70, on the scene. She advised that she had been sleeping on the floor of her living room at this address. Ms. [K.T.] advised she was awakened by a hand being placed over her face. She was then taken to the hallway where a knife was placed to her throat and she was then blindfolded with a piece of a shirt. The male then forced Ms. [K.T.] to her knees and vaginally raped her from behind with his penis. Ms. [K.T.] was then made to stand and bend over. She was again vaginally raped from behind, whereupon the male ejaculated on her back. The male then moved Ms. [K.T.] to the bedroom where she was forced to lie on her stomach on the bed. At this point, her hands and feet were tied together behind her back with a cord cut from the vacuum cleaner. At some point during the attack, the male suspect threatened to kill her. The male then departed through the back door of the residence.
Ms. [K.T.]'s four (4) year-old daughter witnessed part of the attack and described the perpetrator as a black male. The daughter helped untie her mother after the attack. Ms. [K.T.] then went upstairs to her sister's apartment and called the police. Later, Ms. [K.T.] was transported to the Rape Crisis Center for counseling and evidence collection. Entry to the residence appears to have been through an unlatched window, according to Detective Tim Chapin's Supplemental Report. The attacker was described by Ms. [K.T.] as speaking with a "Northern" accent. Ms. [K.T.] also indicated her attacker was the same height, or taller, than her current boyfriend who stands between 6'1" and 6'2" and that the assailant has a slight paunch.
2) A subsequent interview with Ms. [K.T.] revealed that she recently had a somewhat hostile encounter with a black male at a sports bar known as "Jimmy D's" located on Rossville Boulevard (a short distance from her residence). This came about as a result of her declination of an invitation to dance with the individual she describes as a black male. She had never known the party from prior contact and did not know his name.
3) That on July 30, 1996, at approximately 5:00 a.m., police were called to 3908 6th Avenue, Chattanooga, Tennessee, in the East Lake Community to the scene of a reported rape. Upon arrival, Chattanooga Police Officer Ty Cooper found a Ms. [G.H.], white/female, date of birth being 5/22/45 was the subject of a reported rape. Ms. [G.H.] related that she was asleep in her front room when she was awakened by an unknown male suspect touching her buttocks. She advised that she was pushed down when she tried to get up and she felt something like a knife being placed at her neck. The suspect then proceede
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