Understanding Tennessee Consent to Search a Car Issues

Posted on January 3, 2011 by Rob McKinney

                                                   

A traffic stop on a Tennessee interstate or highway may lead to the following questions being asked of you.

  • You're not carrying any weapons , drugs or dead bodies are you ?
  • You're not from around here are you ?
  • You wouldn't mind if we searched your car , then would you ?

Can you refuse giving consent to search your car in Tennessee ? Yes.

What happens if you consent to a search and the police find drugs , money ,or guns.Then, you have some problems.

First,  mere questioning or a request for consent is neither a search or seizure , so the Fourth Amendment is not implicated. Secondly, the length of detention should last no longer than is necessary to effectuate the purpose of the traffic stop.

There are two ways to fight a consent search.

  1. Was the consent to search given voluntarily ?
  2. Did the search exceed the consent that was given.

The  Constitution is a powerful right given to all citizens.Please don't ignore it.

 

 

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