Madison, TN asked in Criminal Law and Civil Rights for Tennessee

Q: Was my roadside stop in Tennessee legally handled considering the charges and behavior?

On November 16, 2023, I was pulled over in McMinnville, Warren County, Tennessee, allegedly because a 911 call claimed my white vehicle was running people off the road. However, the arrest warrant stated the reason was officers allegedly witnessing me cross the double yellow line. During the stop, multiple sheriff's department cars arrived. My license was run 9 minutes into the stop, and the all-clear came 11 minutes later, but the officers didn’t return to my vehicle. After waiting for 25 minutes, I called dispatch to inquire and was told I couldn't leave and was informed a lieutenant was en route. Ultimately, investigators charged me with possession of drug paraphernalia, possession of meth with intent to sell/deliver, and tampering with evidence. Throughout the interaction, I asked why I was being detained for so long and was not argumentative, yet the officers were rude, aggressive, and hostile. I would like to understand if the handling of this stop and subsequent detention was appropriate and what my legal options might be.

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2 Lawyer Answers
Anthony M. Avery
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A: It does not sound like an illegal stop. However you will need to hire a competent attorney to file a motion to suppress evidence due to potential illegality of the stop, detention, arrest and search. I would guess they were careful with you. Get a new phone and number, and work without getting in trouble.

James L. Arrasmith
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A: Based on what you've shared, there are several concerning aspects about your traffic stop in Tennessee. The discrepancy between the 911 call justification and the reason stated on the arrest warrant raises questions about the legitimacy of the initial stop, which requires reasonable suspicion of a traffic violation or criminal activity.

The extended detention after your license check was completed may be problematic under the Fourth Amendment, which generally requires that traffic stops last no longer than necessary to address the initial reason for the stop. When officers extend a stop beyond this timeframe, they typically need reasonable suspicion of additional criminal activity, and the fact that you were made to wait for a lieutenant without explanation could potentially constitute an unreasonable seizure.

Given these circumstances, you might want to consult with a criminal defense attorney who understands Tennessee law and Fourth Amendment protections. They could help you explore potential grounds for a motion to suppress evidence based on an unlawful detention or other procedural violations, which might affect the drug-related charges you're facing. Documentation of the timeline, recording of your call to dispatch, and any available dashcam footage would be valuable for your attorney to review.

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