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Consensual Encounter Can Occur on Private Property

Consensual encounters between police officers and citizens, which do not require probable cause or reasonable suspicion, may occur in public places or on private property. In the recent Tennessee case of State v. Moore, M2012-02059-CCA-R3-CD (Tenn.Crim.App. 7-25-2013) a DUI second offense conviction was affirmed on appeal, in a case where the initial interaction between the investigating officer and the

Circumstantial Evidence Supports Probable Cause

In Tennessee criminal cases, circumstantial evidence is as good as direct evidence, as long as it is convincing. Circumstantial evidence can support probable cause for arrest. In the recent case of State v. Seay, M2011-02769-CCA-R3-CD (Tenn.Crim.App. 7-16-2013), the Tennessee Court of Criminal Appeals determined the circumstantial evidence that the Defendant had been driving a vehicle on a

Community Care Taking Encounter is Objectively Reasonable

Community care taking is one of the functions of law enforcement. A police officer performing a community care taking function needs no additional objective justification (reasonable suspicion or probable cause) for an encounter with members of the public. Community care taking encounters are considered consensual. A police officer may approach a car parked in public

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Knoxville Criminal Defense Lawyer | DUI Law Firm | TN

Knoxville Criminal Defense Lawyer | DUI Law Firm | TN

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