Hindman & Lanzon Hindman & Lanzon
Call for a Free Consultation
865-223-6450

detention Archives

Prolonged Detention to Await Backup Was Reasonable

A detention by a police officer accomplished by a show of authority (as opposed to simply a consensual encounter) requires only reasonable suspicion that the detained person has committed or is about to commit a crime. However, the duration of the detention should also be no more than reasonably necessary for its purpose. The Tennessee Supreme Court, in the recent case of State v. Montgomery, M2013-01149-SC-R11-CD (Tenn. 3-27-2015), reversing a previous ruling by the trial court and the Court of Criminal Appeals, has determined that a ten to fifteen wait for backup in a DUI investigation was not unreasonable.

Prolonged Detention to Await Backup Was Reasonable

A detention by a police officer accomplished by a show of authority (as opposed to simply a consensual encounter) requires only reasonable suspicion that the detained person has committed or is about to commit a crime. However, the duration of the detention should also be no more than reasonably necessary for its purpose. The Tennessee Supreme Court, in the recent case of State v. Montgomery, M2013-01149-SC-R11-CD (Tenn. 3-27-2015), reversing a previous ruling by the trial court and the Court of Criminal Appeals, has determined that a ten to fifteen wait for backup in a DUI investigation was not unreasonable.

Prolonged Detention to Await Backup Was Reasonable

A detention by a police officer accomplished by a show of authority (as opposed to simply a consensual encounter) requires only reasonable suspicion that the detained person has committed or is about to commit a crime. However, the duration of the detention should also be no more than reasonably necessary for its purpose. The Tennessee Supreme Court, in the recent case of State v. Montgomery, M2013-01149-SC-R11-CD (Tenn. 3-27-2015), reversing a previous ruling by the trial court and the Court of Criminal Appeals, has determined that a ten to fifteen wait for backup in a DUI investigation was not unreasonable.

map map

Hindman & Lanzon
550 West Main Street
Suite 550
Knoxville, TN 37902

Toll Free: 866-383-1545
Phone: 865-223-6450
Fax: 865-521-6371
Knoxville Law Office Map