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Blood Evidence Admissible by Implied Consent

Circumstances under which evidence from a warrantless blood draw of a person suspected of driving under the influence (DUI) have been the subject of much legal argument since the U.S. Supreme Court decision in Missouri v. McNeely (2013), finding that exigent circumstances do not always justify warrantless blood draws in DUIcases. Tennessee law mandates a blood draw under

Evidence in Plain View Lawfully Obtained

Evidence obtained from a warrantless search is generally not admissible against a defendant in a criminal case unless one of the exceptions to the warrant requirement applies. Among those exceptions are a search incident to arrest, a search performed with consent, exigent circumstances, a brief ‘stop and frisk’ supported by reasonable suspicion, and evidence in

Statement to Clergy Admissible Evidence in a Child Sex Abuse Case

Tennessee law recognizes a clergy-penitent privilege, which protects the legal confidentiality (so that it cannot be used as evidence at trial) of some statements made to members of the clergy when seeking spiritual advice or counsel. However, this privilege does not apply when dealing with incidents of child sexual abuse. Nor does any other communication privilege,

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Knoxville Criminal Defense Lawyer | DUI Law Firm | TN

Knoxville Criminal Defense Lawyer | DUI Law Firm | TN

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