Clarksville, TN asked in Criminal Law for Tennessee

Q: I have a scenario from my political science class. I'm genuinely stumped about how to answer and explain this.

Police officers cannot turn on their emergency lights when they stop to help a motorist. Officer D turned on his when stopping to give possible assistance to Al, who was parked in his van on the shoulder of the road. He saw a beer "in plain sight" and he subsequnetly arrested Al for driving under the influence. he searched the van pursuant to the arrest and found marijuana. Al filed a motion to have the evidence suppressed because he said he was illegally detained when Officer D turned on the emergency light, the court suppresed the evidence. Based on your research and readings do you think Al was allowed to take his marijuana with him from court? Do you think the ruling of the judge would have been the same if in lieu of the weed, the police had found the dead body of Al's wife in the van with a knife sticking out from her chest.

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1 Lawyer Answer
Cayley Turrin
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Cayley Turrin
Answered
  • Criminal Law Lawyer
  • Franklin, TN
  • Licensed in Tennessee

A: So reading this I think it would depend on the reasoning of the Judge to why he suppressed the evidence and whether the same reasoning would then apply to say a dead body.

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