Oops . I made a mistake . Yesterday , I posted about the collection of DNA samples at the time of arrest . Thanks to a Nashville Night Court Commissioner who reads the blog . I was advised that Tennessee does collect DNA samples at the time of arrest in some cases. I was not
Should The Government Have Your DNA ?
The New York Times ran an editorial on Justice Roberts order staying a Maryland Supreme Court ruling. Maryland passed a law that allowed police to take a DNA sample of those charged with a crime whether guilty or not. The Maryland Supreme Court ruled the law was unconstitutional based on a violation of the Fourth
Bonnaroo Arrest Prevention Guide
It’s that time for my annual post on Bonnaroo. Next week thousands of people across the country will be traveling to Manchester , Tennessee for Bonnaroo. At the same time, police officers will be setting up on all the major interstates hoping to make a traffic stop which will lead to an arrest. So
Supreme Court Upholds Strip-Search For Any Arrest
This week the U.S. Supreme Court held that a any person arrested for any offense however minor is subject to a strip search.. I expect this ruling will open the floodgates for jail house strip searches in the search for evidence. The country’s highest court adopted a new standard that any correctional officer can order
Is the Smell of Marijuana Enough to Seach Your Car ?
A warrantless search of a car or truck in Tennessee is usually prohibited , however there are exceptions to this rule. If a police officer can demonstrate probable cause that a car might contain marijuana , a police officer can search a car or truck. The big question is whether the smell of marijuana is
Tennessee DUI Case Dismissed Due to Illegal Traffic Stop
Once you see blue lights on a police car come on , you know someone is in trouble. The Tennessee Court of Criminal appeals reversed a lower court and dismissed a DUI conviction based on a illegal traffic stop. The court held that once the blue lights come on the driver is seized for Fourth Amendment
Failure to Excerise Constitutional Rights Sends Man To Prison
After court today in Hickman County Tennessee , I stopped for lunch at Breece’s Cafe in Centerville , Tn, and picked up a copy of the Hickman County Times . By the way , Breece’s is a must and try the blackberry pie . The article that grabbed my attention was a cocaine case .
Is it The End for The Exclusionary Rule In Tennessee ?
It appears the exclusionary rule days may be numbered in Tennessee .The Tennessee House Judiciary Committee recommended a bill that would guarantee that evidence seized after the execution of a search warrant issued pursuant to Tennessee Code Annotated 40-6-101 or under Rule 41 of The Tennessee Rules of Criminal Procedure would not be subject to
An Attack On the Excluisonary Rule
The Tennessee State Legislature is on the march to wipe out the exclusionary rule in this year’s session . A hearing was held last week . A Nashville Assistant District Attorney General testified during the committee meeting . The discussion centered on a technical error in the search warrant which was later held to be invalid .Criminal defense lawyers are worried that the Legislature is going to wipe out the exclusionary rule .
The exclusionary rule is used to refer to the exclusion of evidence because it was obtained by law enforcement officials in violation of the Due Process Clause of the Fourteenth Amendment or some provision of the Bill of Rights. The exclusionary rule prohibits the state from using evidence obtained in violation of of four constitutional rights :
- The right against unreasonable searches and seizures prohibited by the Fourteenth Amendment
- The right against self incrimination as guaranteed by the Fifth Amendment
- The right to counsel as guaranteed by the Sixth amendment
- The right to Due Process of law guaranteed by the Fourteenth Amendment
Tennessee first recognized the the validity of excluding evidence in violation of the Tennessee Constitution as early as 1922 . Mapp v. Ohio is the case where the U.S. Supreme Court applied the exclusionary rule for the first time.Continue Reading An Attack On the Excluisonary Rule
Search of a Cell Phone Upheld In California
As the use of new technology and gadgets increase daily, so does unlawful searches of those devices.Warrantless searches conducted outside the judicial process , without prior approval by a judge or magistrate are per se unreasonable.There are some well defined exceptions to the Fourth amendment’s warrant requirement.One of those exceptions is a search