Month: July 2013
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
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, as elsewhere, there are usually a significant number of drunk
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
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 articulable facts. A detention or seizure, which occurs unlawfully, may invalidate evidence obtained
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 Wednesday of July. If the call wasn’t
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 of Tennessee each and every year. Changes
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
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 connection with a hit-and-run accident that took the lives of three people. A
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 trial court before the trial of the case.