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Tennessee Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights for Tennessee on
Q: Can a police officer do inventory on my car before the wrecker towes my car is that not same as searching it

Police had my car towed I would not let them search so they said they was doing inventory

Anthony M. Avery
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Anthony M. Avery
answered on Nov 25, 2022

Fourth Amendment Search Caselaw is against you. The inventory search will probably be upheld. But hire a competent attorney to represent you and file a Motion To Suppress. There may be another flaw in the LEOs' arrest.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Tennessee on
Q: If I was given my civil rights back in both states I was charged (TN&KY), do I qualify for a class e felony?

I was not on parole/probation; I received my rights back in June of 2020; I’m being charged with a class b felony or a c right now; I’m hoping it can be mended down to a class e which carries 1-6 yrs @30%.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 17, 2022

That would be a very large reduction in the criminal charge. Hire a competent TN attorney to represent you.

1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Tennessee on
Q: Can I sue for being falsely accused, arrested and imprisoned?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 7, 2022

Sometimes, but the charges must be dismissed. If Bound Over or an Indictment rendered, then it is almost impossible. Hire an attorney that knows what a GTLA action is.

1 Answer | Asked in Civil Litigation and Civil Rights for Tennessee on
Q: The mother deserves to see dash and body cam they shot her boy in the back

Hamilro. County Tennessee release body cam of J.M.F. being shot in the back on 10/01/2021 in soddy daisy Tennessee on berry meadow way he was wanted for questioning only

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 10, 2022

You probably have already busted the SOL. Especially since some representative must file suit. Talk to a lawyer today, but understand you are probably too late.

1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: The Police wouldn’t arrest the burglar that tried to break in. Is that a violation of Equal Protection?

The Police quickly caught a burglar that tried to break into my apartment. The Officer said that burglar was homeless and likely had schizophrenia. He wouldn’t arrest, didn’t want to fill out a Police report and only wanted to take him across town and drop him off.

The same burglar... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 4, 2022

You can try to contact a Magistrate yourself by going through the General Sessions Court Clerk, but you probably do not have sufficient information. You can also complain to the Knox County District Attorney General, who might arrange for you and the LEO to swear out a Warrant. Hopefully you at... Read more »

2 Answers | Asked in Civil Rights, Constitutional Law and DUI / DWI for Tennessee on
Q: If someone was charged with 2nd DUI in 2007,can police seize car for driving revoked,but never charge them for it,

My dad's car was taken for driving on revoked from a 2nd DUI he got in 2007, they never charged him & the police drove off in his car, is that legal??

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 29, 2022

If no charge was made by the LEO's, and no Forfeiture Warrant was issued, then it is an unlawful taking. But did Dad own the vehicle? I suspect more occurred here than what facts are stated. Driving on Revoked TNDL may be a charge in the making, which can take 1 year to initiate. The owner... Read more »

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1 Answer | Asked in Real Estate Law and Civil Rights for Tennessee on
Q: Dear Sir / Madam, In India, does an unoccupied flat in an apartment come under maintenance fee ?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 13, 2022

You probably need an attorney in India. But read the lease first to see if there are exceptions to the maintenance fee requirements.

Q: How do I get a good Lawyer for free
Tim Akpinar
Tim Akpinar
answered on Sep 10, 2022

A Tennessee attorney could advise best, but your question remains open for two weeks. It could depend on what your matter involves. There are attorneys who donate their time to work for free (pro bono) and legal aid societies that offer their assistance as a public service. But these tend to be... Read more »

1 Answer | Asked in Child Custody, Civil Rights and Family Law for Tennessee on
Q: How do I go to police after running away and not go back to my dad I want to live with mom but she has no custody TN

I ran away from my dad's house because I wasn't mentally well I was always depressed and I couldn't get help. My dad's wife told me I said therapy wouldn't work after I went to an evaluation and wanted to go back. They've been very manipulative using the fact that my... Read more »

Henry Ambrose
Henry Ambrose
answered on Aug 11, 2022

Your situation is complicated and difficult to answer on-line without lots more information, If you are not safe please go to the nearest police department and ask for help.

Here is another idea:

https://youthvillages.org/about-us/locations/tennessee/

Call them and tell them...
Read more »

1 Answer | Asked in Gov & Administrative Law, Civil Rights and Sexual Harassment for Tennessee on
Q: In Middle TN. It is illegal to point your home security cameras at a neighbors front door and record them?

My husband and I live in a private camping community in Nunnely, TN. Our neighbor to the left of us keeps pointing his home security cameras at the front of our camper and records us. We have on multiple occasions caught him creeping around spying on us. And also has recently stole from us. The... Read more »

Bennett James Wills
Bennett James Wills
answered on Aug 9, 2022

Tennessee is a one party recording state. If the cameras are on his property and otherwise in public, then he can pretty much aim them anywhere. You may have a civil claim for invasion of privacy (statutory and common law) depending on needing more facts. Consult local counsel to see what, if any,... Read more »

1 Answer | Asked in DUI / DWI, Civil Rights and Collections for Tennessee on
Q: If I offered to pay my fines and court fees in full and they refused the money because of an active FTA warrant and

Remaining Probation fee’s is there something I can do because they refused to take my money a

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 25, 2022

Hire an attorney to go to Court, Docket or not, and handle the entire problem at once.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Tennessee on
Q: Can police show up at your house and say because your on comm correc. That you have no rights and they search home
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 21, 2022

Yes...You are on Probation so you have to abide by the Probation terms. Any violation can mean you could be incarcerated for the remainder of the Sentence. There should be some kind of Probation Order in your file at Court. Read it.

1 Answer | Asked in Criminal Law, Civil Rights, Federal Crimes and Gov & Administrative Law for Tennessee on
Q: If someone poured a drink on my car on state property and there's no damage just sticky. Is there a case? A felony? Etc?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 17, 2022

Possible misdemeanor vandalism or littering. But it would not be worth the trouble of being a witness/victim in Court.

1 Answer | Asked in Civil Rights for Tennessee on
Q: You can a store accuses me of stealing can they look in my purse's if a cop is not there with us
Courtney Cotter
Courtney Cotter
answered on Jun 13, 2022

Under the shopkeeper's doctrine, the shopkeeper is given a privilege that states that in this situation, a shopkeeper defendant who reasonably believes that the plaintiff has stolen or is attempting to steal something from the defendant shopkeeper may detain the plaintiff in a reasonable... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: Do police have to log anything taken from my house after searching it.

After they left I had 3500.00 in a lock box they priced open and the money was gone and I didn't sign anything saying they took anything

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 10, 2022

There should be an inventory in the Return on the Search Warrant. It is very possible there will be a Forfeiture Warrant issued against any proceeds from illegal activities.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Tennessee on
Q: What is the statute of limitations for a civil rights lawsuit when the a cause of action is fraud by the court?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 2, 2022

Not sure of your "Court" fraud, but a Governmental Tort Liability Action is 1 year from injury. Probably any other applicable cause of action will also be 1 year, except some property torts are 3 years.

1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Landlord - Tenant for Tennessee on
Q: Memphis TN I need to know exact steps that I need to take in order to retrieve my personal property . Court forms etc

I want a police escort and need to know the proper way to handle this. My roommate was going into my room and stealing my things and I have proof on camera. She is bitter and is refusing to let me have my belongings. She claims I have plenty of money and parents to buy myself replacements of... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 22, 2022

Action to Recover Personal Property in General Sessions Court. Bond will probably be required, so determine if the stolen items are worth it.

1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on
Q: Do I have a right to request a hair follicle drug test for probation? I can't pee with them staring at me
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 6, 2022

No, you have to abide by the PO's requests. You could go to Court and move for a Modification of your Probation Order. But I do not recommend it.

1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: I'm fill out the civil division info. Sheet. I'm on the type of case section. The non jury, 6 person, or 12

And what to put in the lawyer section if I'm defending myself

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 3, 2022

That would be "Pro Se". But most of the time you should not represent yourself. I recommend calling around for competent attorneys who might be creative in getting compensated. You might call around in other Counties in your District and ask for possible referrals.

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