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)...
Do ‘no refusal’ drunk driving checkpoints lower fatalities?
Drunk driving is a big problem for everyone on the roads. It is a massive danger for not only the drunk driver themselves, but also for everyone else on their daily journeys. Holiday periods in the United States are usually celebrated by everyone. Here in Tennessee,...
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...
Incorrect License Tag Creates Reasonable Suspicion
Reasonable suspicion that a person may have committed a crime or be in the process of committing a crime is necessary before a person can be detained (nonconsensually) by law enforcement for even a brief investigation. Reasonable suspicion must be based upon...
Tennessee drunk driving charge a result of failure to yield?
A Tennessee woman may have learned an important lesson about how to react to flashing lights -- especially if those lights are on a police car. The police vehicle was originally responding to a report of a burglary that came in shortly after 12 a.m. on the second...
Tennessee will crack down on drunk driving in the future
Drunken driving is a serious offense. No matter where you live, who you are or what you drive – DUI is against the law. Now, recent changes on the state and national level may mean as many as 3,000 additional driving under the influence convictions in the state...
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...
Tennessee man gets 30 years for vehicular homicide
It can be agonizing awaiting the sentencing for being responsible for a fatal accident. A person accused of a horrific crime such as this faces severe consequences. Recently, a Tennessee man was sentenced to 30 years in prison on charges of vehicular homicide in...
Appellate Court Reverses Exclusion of Evidence
Evidence obtained as a result of an unlawful arrest is generally not admissible at trial. If evidence was obtained as a result of a defendant's arrest, and there is reason to challenge the legality of that arrest, this is an issue which should be determined by the...
