April 2010

https://youtube.com/watch?v=2fPUXjmBPfk%26hl%3Den_US%26fs%3D1%26

One of the most frequently asked questions that I get in representing those accused of drunk driving is "Can I get a restricted drivers license." If you have been convicted of a first offense DUI/DWI or an implied consent violation , you can get a restricted driver’s license. The video shows how to get your restricted

I ran across some great information from www.immigrationdefenselproject.org on the Padillia case. Here’ is the main points

Some Key Padilla Take-Away Points for Criminal Defense Lawyers

• Deportation is a “penalty,” not a “collateral consequence,” of the criminal proceeding. The Court held that deportation is a “particularly severe ‘penalty’” and made clear that the “direct

  Brad Stone of the New York Times wrote an article on Crraigslist and law enforcements efforts to curtail it’s sex ads.Craigslist is the Internet site to go find prostitutes. Craigslist has collected over 36 million dollars in ad revenue recently on sex ads. Even , the mob has gotten into Craigslist. Members of the

 Criminal defense lawyers in Tennessee and across the country are struggling with the fallout from the recent case from the U.S. Supreme Court.In Padilla v. Kentucky , a copy of the opinion is attached to the link, the court held the conviction was invalid based upon the criminal defense attorney’s representation of the effects of

On March 19th 2010 , the Tennessee Supreme Court decided State v. Talley. The issue was whether an owner of a condominium has a reasonable expectation of privacy in the commonly owned hallway of the complex. The Fourth Amendment of the U.S. Constitution and Article I, section 7 of the Tennessee Constitution protect against warrantless search and seizures, including the curtilage of the home, which is defined as any area adjacent to a residence in which an individual can reasonably expect privacy. For example ,s storage shed or detached garage would be a curtilage of a house.

The Sixth Circuit Court of Appeals enunciated a bright-line rule in United States v. Carriger that officers may not enter the common areas of a locked building without a warrant due to the expectation of privacy that only the resident and other residents and their invited guests would have access to the common areas. It appears that the Sixth Circuit, along with several State Supreme Courts, follows this bright-line rule. 

In contrast, the Tennessee Supreme Court held in Talley that the totality of the circumstances should control. The deciding factors are whether the defendant owns the property or has a possessory interest in it, is legitimately on the premises, has the right to exclude others from that place, has shown a subjective expectation that the place would be free from governmental invasion, and took normal precautions to maintain his privacy. These factors were first used by courts in Tennessee in 1982. The Second, Fifth, Eighth, Ninth, and Eleventh Circuits all appear to use the same totality of the circumstances factors. 

Although state courts within a particular federal district may consider what the lower federal courts have decided, the state courts are not required to follow those decisions.   The result? Depending on what state you live in, and perhaps whether the charges are filed in state or federal court, you may or may not have a right to privacy in these secured common areas. This so called split of authority among the circuits will only be resolved when the United States Supreme Court takes a case and finally decides for all of us what the Constitutional right to privacy means in this context.  

Continue Reading Seach and Seizure Issue at the Tennessee Supreme Court

 Normally , I don’t discuss my cases for the this blog  for  many reasons .However , this story bears mentioning. Yesterday , I was in General Sessions Court in Gallatin, Tennessee representing someone  on a domestic  violence charge.The alleged victim did not show up as well as the police officer who took out the warrant. I moved for

An  East Tennessee man was charged with DUI for driving his lawn mower. In Athens ,Tennessee , a man was driving his lawn mower while he had some fishing poles. There was no report if he he was charged with fishing without a license.

Can the police arrest this poor soul why riding his lawn mower

 A drunk driving case (DUI) is a case of opinions. The police have an opinion that the defendant is impaired.Your client has a different opinion of their sobriety. How does a criminal defense attorney rebut the police officers testimony ? Witnesses may need to be called to attack the police testimony.Here’s a list of potential