Murfreesboro, TN asked in Civil Rights, Criminal Law and Traffic Tickets for Tennessee

Q: Can you be arrested in Tennessee for not complying with the police officer during a traffic stop

1 Lawyer Answer
William C. Head
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Answered
  • Criminal Law Lawyer
  • Sandy Springs, GA

A: The phrase "not complying" is too generic to tell what happened.

In a nutshell, once pulled over, you are required to give your name and address. That is it.

But, if you did not follow orders of police, for getting out of the car, or physically resisted them, when the arrest was taking place, a crime can be charged.

Plus, a traffic stop indicates a traffic offense. That means something was SEEN by the officer that was a law violation.

Additionally, something as minor as a seat belt violation CAN trigger arrest, when a person does not sign her ticket.

Atwater v. Lago Vista, 532 U.S. 318 (2001), was a United States Supreme Court decision that arose from Texas, which held that a person's Fourth Amendment rights are not violated when the subject is physically arrested for driving without a seatbelt.

More information is available on my web site:

https://bubbahead.com/miranda-rights-miranda-warning-miranda-rights-defintion-ga-dui-law/

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